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American Dramatists Series 



THE ARBITRATORS 



A PL AY I N 
THREE ACTS BY 

HENRY A. COIT 




BOSTON 

RICHARD G. BADGER 

THE GORHAM PRESS 



Copyright, 1921, by Richard G. Badger 



All Rights Reserved 



Y^> 
.$*** 

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Made in the United States of America 



The Gorham Press, Boston, U. S. A. 



3>Gi,D 56H51 



*Wt> 1 



TO 

THOSE OF MY FELLOW-COUNTRYMEN 

WHO HAVE BEEN CROWDED 
INTO THE PENAL INSTITUTIONS 

OF THIS LAND OF LIBERTY 

THIS PLAY IS SYMPATHETICALLY 

DEDICATED 



THE ARBITRATORS 



THE ARBITRATORS 

Characters : 

Martin Kuhns, a mechanic (afterwards, the crim- 
inal). 

Ann Kuhns, Martin's wife. 

Adolph Kuhns, their son (a lad of ten years). 

Donald Steel, a money lender. 

Milton Brown, a constable. 

"Jim" Cox, another constable. 

Joel Ford, District Attorney of Cosmos County. 

Luther Small, Attorney for Defense. 

Emanuel Black, Judge of Superior Court — 
Criminal Division. 

Clerk of Court. 

Court Stenographer. 

A Newspaper Reporter. 

Another Newspaper Reporter. 

A Newspaper Photographer. 

A Woman Magazine Writer — looking for "ma- 
terial." 

Mrs. Everhart, a neighbor of the Kuhns. 

Bailiffs, Deputy Sheriffs, Assistant Prosecuting 
Attorneys, Court Attaches, Spectators — (men, 
women, young women and clergymen). 



8 



CHARACTERS 



Spirit of Justice, 
Spirit of Dignity, 
Spirit of Vulgarity, 
Spirit of Ambition, 
Spirit of Wealth, 
Spirit of Fear of 

Poverty, 
Spirit of Learning, 
Spirit of Ignorance, 
Spirit of Greed, 
Spirit of Avarice, 
Spirit of Precedent, 
Spirit of Pride, 
Spirit of Humility, 
Spirit of Hate, 
Spirit of Revenge. 
A Grocer, 
A Butcher, 

A Prosperous Merchant, 
A Carpenter, 
A Farmer, 
A Schoolmaster, 
A Plumber, 
A Barber, 
A Retired Business Man — a 

feeble old man of seventy. 
A Merchant's Clerk — a youth 

of twenty-three. 
A Broker, 
A Banker. 



"FUNDAMENTALS" 

Moving Spirits of Human 
Passion and Motive. 



. Gentlemen 
of the Jury. 



Time : Present. About six months elapse between 

the opening scene of Act I and end of Act III. 
Place: Any modern, civilized community. 



DESCRIPTIONS OF PERSONS OF THE 
PLAY 

Martin Kuhns: A man of thirty-five years; 
medium height, strongly built and close-knit. 
Black, curly hair — rather closely cropped; clean 
shaven and blue eyed. A well cast countenance 
and pleasant expression. His voice is in the bass 
register without being gruff. He is dressed 
throughout the action in a suit of store-made 
clothes of dark material, — not new, but neat. 
Wears a soft hat, a soft shirt with turn-down col- 
lar and a dark four-in-hand scarf. 

Ann Kuhns: Is a woman a few years younger 
than Martin — about thirty. Is slight without 
being thin and of medium height. Light brown, 
straight hair — a little inclining to the blond type. 
She has regular features and is comely though 
not what is commonly termed "Pretty." A neat, 
motherly woman. Quick in her movements and 
rapid of speech in ordinary conversation — giving 
the impression of being possessed of an abun- 
dance of nervous energy and capability. 

Adolph Kuhns: A rather handsome lad of ten 
years favoring his mother in that he inclines to 
be slight of build though, like her, strong. Has 
light brown hair. Is brisk and active — a whole- 
some, boyish boy. 

The Baby: An infant of less than a year. 



io DESCRIPTIONS OF PERSONS 

Donald Steel: A man of fifty. Five feet and 
ten inches in height and just beginning to grow 
"portly." His hair is turning gray and he is 
rather bald. Well dressed in a conventional 
business suit of fine material, brown in color with 
a fine white stripe running through it. Carries 
a brown fedora hat. A turn-down collar and 
figured silk four-in-hand scarf and diamond scarf 
pin; tan gloves which he takes off on entering 
the house, revealing a diamond ring on fourth 
finger of right hand. He speaks easily and in a 
brisk, businesslike manner and is quick and busi- 
nesslike in his action. A heavy, gold watch chain 
is strung across vest from button to lower left- 
hand pocket and suspended from chain is an or- 
nament — evidently the emblem of some secret so- 
ciety. He is clean shaven. 

Milton Brown: A large, heavily built man of 
forty years with a heavy dark mustache. Dark 
clothes — not in very neat order — a soft shirt, 
four-in-hand tie and a "Stetson" hat — rather old 
and worn. Speaks awkwardly and in a gruff, 
heavy voice. Wears a heavy gold watch chain 
and a heavy gold huntingcase watch which he 
consults several times during the action. 

"Jim" Cox: Much younger than Brown. Also 
rather large and awkward. Clean shaven; dark 
clothes, dark soft shirt, dark scarf, black fedora 
hat — rather old. Speaks uncertainly and with 
diffidence. A novice at the business. 

Luther Small: A young man of uncertain age 
— probably twenty-eight or thirty. Slight in 
build with blond hair brushed straight back from 



DESCRIPTIONS OF PERSONS n 

his forehead. He wears clothes of fashionable 
cut and pronounced pattern. Carries a new pearl- 
gray fedora hat and gray suede gloves; tan shoes 
— well polished — dark figured silk four-in-hand 
scarf with a jeweled pin. Also seal ring on 
fourth finger of right hand. A light gold watch 
chain is strung across his vest between the upper 
pockets; in the right-hand pocket is a thin model, 
open-face gold watch which he consults from 
time to time. At the other end of the gold chain 
is a gold pencil with which he occasionally makes 
a memorandum. He speaks in a high-pitched 
voice with an evident lack of confidence and dur- 
ing action continually looks to the judge for ap- 
proval, and defers to Ford. 
Joel Ford: Forty-five years old. Tall, angular 
and a trifle stooped. While spare, he is evi- 
dently a man of great physical strength and is 
excessively alive, active and vigorous. He is 
dressed in a conventional business suit of dark 
material, but not of fashionable cut, and his 
clothes are in need of pressing — gives the impres- 
sion of being careless concerning his dress. A 
heavy seal ring bearing the emblem of some se- 
cret society adorns the middle finger of his left 
hand. A heavy gold chain hangs from the top 
button of his vest to its lower left-hand pocket, 
and his watch is an old-fashioned gold hunting- 
case. He has dark brown hair turning gray on 
the sides, worn rather long and not very neatly 
brushed as he runs his fingers through it from 
time to time as the action proceeds. He speaks 
in a well-modulated, practiced voice pitched in 



12 DESCRIPTIONS OF PERSONS 

the middle register, and with ease and confi- 
dence. He gives the impression of being a pains- 
taking and efficient public official. 

Emanuel Black: A well preserved, well 
groomed man of sixty. Thin gray hair and a 
ruddy face, clean shaven. He is of medium 
height and proportions. He has clear-cut fea- 
tures and a rather stern though not unpleasant 
expression. He speaks with a deep, well modu- 
lated voice and is impressive in bearing. A 
scholarly appearing judge and gentleman. 

Clerk of Court: A man of fifty. Rather ex- 
travagantly dressed. He inclines to be fat. Is 
clean shaven, black hair closely cropped. Appears 
slightly dissipated. 

Court Stenographer: A red-headed man of 
thirty. About five feet and eight inches in height 
and slender. Dark colored, neat ready-made 
clothes. 

A Newspaper Reporter: A man of thirty. 
Clean shaven ; of medium height and build ; wears 
glasses, rather untidy in appearance and dress. 
Carries large silver watch with a leather strap 
in place of chain or fob. 

Another Newspaper Reporter: A young man 
probably twenty-five. Clean shaven, tall and 
slender, business suit of dark colored material. 

Woman Magazine Writer : About thirty years 
of age. Medium height and of good figure. 
Dressed in tailor-made street dress. Very dark 
brown hair brushed straight back from her fore- 
head and coiled at back of neck. Dark, snappy 
brown eyes, animated in appearance, speech and 
action — altogether rather attractive. 



DESCRIPTIONS OF PERSONS 13 

Mrs. Everhart: An elderly woman with sparse 
gray hair and wearing gold-rimmed spectacles. 
Short and stout. Dressed in plain woolen dress 
of dark color and wears also a plaid shawl. She 
speaks in a quavering voice. 

Spirit of Justice: Dressed as she is usually pic- 
tured in loose, flowing robes draped at waist and 
gathered across the breast and fastened there with 
a knotted brooch with a single jewel in it — a gar- 
net. The robes are of a light gray, soft, filmy, 
clinging material. She is tall and well propor- 
tioned — a Grecian figure. Wide sleeves which 
reach but midway between the shoulder and el- 
bow do not conceal her arms; she is shod in san- 
dals of untanned leather. Her abundant hair is 
black and coiled loosely in two large knots — one 
on either side of the crown — otherwise her head 
is bare. She has an expansive brow and clearly 
chiseled nose, a mobile mouth slightly parted lips 
revealing even, white, strong teeth. She speaks 
softly with a musical, but plaintive voice except in 
the jury-room scene, when she is moved to excited 
action and speech through resentment. Across 
her eyes is a black bandage of soft material which 
from time to time she pushes back on her fore- 
head — apparently in an effort to see. She walks 
with a decided limp. 

Spirit of Vulgarity: Tall and slender. Dressed 
in motley of black and red with cap and bells. 
He carries the fool's wand with the miniature 
fool's face and head at one end, upon which are 
fastened a number of small bells that tinkle mer- 
rily when shaken and as the Spirit of Vulgarity 
moves about from place to place. He is nimble 



H DESCRIPTIONS OF PERSONS 

and airy both in speech and gesture — touching 
everything lightly; cynically calling attention to 
this and that, sometimes with mock gravity, 
sometimes with a rippling laugh. He moves 
about among the crowd continually, pausing now 
and then for speech or attitude. 

Spirit of Learning: Is of medium height and 
build and slow and sedate in movement. He 
does not speak at all. Wears flowing robes of 
black and the scholar's square cap — the hat of the 
student. His hair hangs to his shoulders but is 
not unkempt. Across the outside hatband of his 
student's hat is the word "Learning" in white 
letters. 

Other Spirits: All the Spirits with the excep- 
tions of Justice, Vulgarity and Learning are 
clothed alike in loose black robes with hoods of 
like material attached which completely cover 
their heads — leaving their faces only visible. The 
faces of all these Spirits are very pale with the 
exception of Wealth, whose face is flushed as 
though with wine. A tight-fitting band of black 
material encircles the head of each, upon which 
are printed in white letters the words necessary 
to indicate the Spirit represented — as, Humility, 
Wealth, Greed, etc. They all move softly and 
stealthily. Their voices are insistent and domi- 
nant though not loud. Fear of Poverty and Hu- 
mility, however, speak in rather a whimpering or 
whining tone of voice. 

Jurymen: The jurymen are all men of the usual 
appearance and dressed in the style and fashion 
common to men in the several callings and walks 
of life indicated by their trade or profession. 



THE ARBITRATORS 



ACT I 

SCENE I 

Living room of the Kuhns* home. In center of 
room is round library table of Flemish oak 
with a few books in cloth bindings, several 
magazines, newspapers, etc., on it. At front 
left is a nickel-trimmed base-burner coal stove; 
a mantel shelf behind and above stove with 
clock and few ornaments on it. At left 
against wall is Flemish oak, mission style up- 
right piano with red plush scarf thrown over 
top. At center against back wall stands a 
combined hat-rack and hall bench with look- 
ing-glass, umbrella stand, etc.; a window on 
each side of hat rack. Door leading onto a 
small porch is at right opening off back wall. 
Through the glass in upper half of the door 
may be seen some vines denuded of their leaves 
and in distance some trees also denuded of 
leaves — a late fall or winter scene. Against 
right wall stands a book-case with curtained 
glass doors; a few ornaments on top of book- 
case. Next to the book-case stands a leather 
15 



;i6 ' THE ARBITRATORS 

covered "lounge." Beside a green plush 
"Morris" chair stands a wicker work table with 
a work basket full of stockings and darning 
materials. A large imitation leather covered 
arm, chair stands beside library table upon 
which there is a reading lamp lighted. Door 
forward to the right leads to the dining-room 
and kitchen, door rear left leads to sleeping 
apartments. Green brussels, patterned carpet 
floor covering; "buckeye" paintings and litho- 
graphs adorn walls — also enlarged crayon por- 
traits of Kuhns' mother and father. 
Adolph is discovered in arm chair reading maga- 
zine. Ann enters door right. 

Ann (To Adolph) — Hurry, Adolph, and light 
a fire in the stove. (Looking at clock) It is 
nearly six and your father will soon be here. 

Adolph — There isn't much coal left, mother, but 
I got a lot of wood to-day from where they are 
building. (Picks up coal scuttle from behind stove 
and goes out through door right. Ann tidies up 
<ast work basket when a key grates in key-hole of 
door leading on to porch and Martin enters, hangs 
hat up on hat-rack. Ann advances to meet him 
and kisses him.) 

Ann — Ah! father. Is it cold out, dear? 

Martin — (Kisses Ann) — It is blowing up cold. 
Is the baby asleep ? 

Ann — Yes! 

Adolph (Entering door right with coal scuttle) 
— Hello, dad! (Puts coal scuttle down' beside door 
and runs to Martin.) 

Martin (Lifting Adolph up at arms 1 length and 



ACT I 17 

looking into his face) — Hello, son! Have you been 
helping your mother this afternoon like a good lit- 
tle man? 

Adolph — Yes, dad! I helped in the house — and 
with the baby — and then you should just see how I 
cleaned up the yard. I cleaned it up good, and 
worked hard, too. Why, Mr. Mullen was in and 
said I could get fifty cents a day doing work like 
that if I hired out. When school's out I'm going 
to get a job. 

Ann {Going out door right) — Yes, indeed, 
father! he has been a good helper all day. 

Martin {Going to door left. To Adolph) — 
Let's you and I have a peek at the baby! 

Adolph — I got to make the fire. {Picks up coal 
scuttle and goes to stove. ) 

Martin — All right, son! you get busy while I 
take a little look. {Goes out door left.) 

Ann {Entering door right with some dishes in 
her hands) — We had better have supper in here, 
Adolph, — it will be warmer. You clear the table 
off and then help me put on the things. 

Adolph — Just a minute! As soon as I get the 
fire started good. {Busies himself with the fire.) 
There! I guess it is going now. {Gets up and 
takes dishes from Ann and begins clearing off li- 
brary table, etc.) 

Ann {Re-enters door right with a table cloth and 
some more dishes which Adolph takes from her) — 
Tell your father supper is about ready — I will bring 
it right in. 

Adolph {Going to door left, opens it and calls 
softly) — Father! supper's ready! 

Martin {From behind door) — All right! {En* 



18 THE ARBITRATORS 

ters from door left.) Going to have supper in 
here? That's good — it will be warmer. Jack 
Frost is out to-night all right. {Pauses.) Wish 
I could sleep like that baby! Nothing ails her. 
{Comes over by table.) Here! I will help you. 
{Goes to table and helps Adolph.) 

Adolph — Gee! I'm hungry! Guess because I 
worked so hard to-day. 

Martin — So am I, but I didn't work any {pause) 
I walked a lot, though; that's just the same as far 
as making an appetite goes, I guess. 

Ann {Entering door right with more dishes and 
handing them to Adolph) — I will get the coffee, 
and then we will be all ready. {Goes out door 
right.) 

Adolph {Still arranging table) — Do you think 
I could get a job, dad — may I try? 

Martin — Why, you have to go to school. You 
can't neglect that, you know. You'll have to go 
to work soon enough! Don't worry about that, 
son. 

Adolph — But it would help some, wouldn't it, 
father? You said these were hard times — and I 
could work in the afternoons after school. 

Martin — Your mother couldn't spare you. You 
can work at home helping her and help that way. 

Ann {Entering door right with coffee pot) — 
Come! sit down now while things are hot. {All 
seat themselves.) This is a good hot supper. My! 
but prices of everything have gone up — eggs fifty 
cents a dozen ! 

Adolph — Mr. Mullen's boy is going to the circus 
to-morrow. I guess it will be a fine show, 



ACT I 19 

Martin — You went to the circus last year. They 
are all about alike. 

Ann — You have to be here to help me, dear. 
Maybe next year you can go again. There will be 
plenty of circuses. 

Adolph — If I had a job I could pay my own way. 
Gee! I wish I did have a job. 

Martin — Maybe when school is out you can get 
a job, if you want one then, but jobs are hard to 
find when you want them most — I know they are 
for mechanics, anyhow. (Turning to Ann) Mr. 
Crane told me to-day the shops would not be open 
for a month, but he promised me a job as soon as 
they start in to work again. 

Ann — What is the matter? I thought they were 
going to open next week. 

Martin — Well, they are making some repairs; 
and, then, I guess they have other reasons. Mr. 
Crane didn't say anything about it except that it 
would be thirty days before they started in again. 
(Martin finishes his coffee, carefully wipes his 
mouth and folds napkin. Adolph leaves his seat, 
goes to stove and taking coal scuttle goes out door 
right.) I wish we could let the little fellow go to 
the circus. Circuses mean a lot to boys. 

Ann — Never mind! He went last year, and 
maybe he can see the parade to-morrow — that's al- 
most as good. (Pauses.) I hardly know what I 
would do without him to help — with the baby, and 
all. The teacher says he's real bright, too. I do 
want to give him a good education. 

Martin — Yes! Education is a great thing. It 
helps a man a lot. I never got much — just reading 



ao THE ARBITRATORS 

and writing and simple arithmetic, and I had to go 
to work pretty early ; but I'm like you — I want the 
children to get all there is — music, and everything. 
Especially music for the baby — it is great for girls. 

Ann — You may not have much book education 
like they give at schools, but you have your trade, 
that in a way is education. 

Martin — Maybe, but it don't help us much now; 
anyhow, I can't get a job at it. Not until the shops 
open again. I have been trying all day for some- 
thing else, but there ain't much else I can do out- 
side my trade. 

Adolph Entering door right with coal scuttle) 
— Gee! it's cold out! Bet it is freezing. (Puts 
coal scuttle down by stove and stands warming him- 
self.) 

Ann — Yes! the winter is here! 

Martin (To Adolph) — Better run along to 
your books now, son. I will look after the fire. 

Adolph (To Martin)— All right, dad! (TV 
Ann and Martin) Good night! I am sleepy, 
too, so I won't study long. (Kisses Ann and 
Martin. ) 

Ann — Good night! Mind, don't make a noise 
and wake the baby! (Adolph exits door left, clos- 
ing it behind him.) 

Martin — I hardly have the nerve to tell you, — 
but I guess I have to let you know just how we are 
fixed. 

Ann — What is it? You know I always want to 
share, good or bad. 

Martin — That's just what makes it so hard — 
you are so good and willing to do your share, — and 
mine, too. Well, I had hard luck again to-day, 



ACT I 21 

Can't find a job at anything anywhere, and we 
are down to our last cent — and turning cold, too, 
which makes it worse. I gave you the last dollar 
I had this morning; I have just twenty cents in 
my pocket and no job in sight for a month yet — 
not until the shops open. Of course I will keep 
trying for something, but it don't seem to be in the 
cards. What are we to do ? 

Ann — I don't know, Martin! but we will man- 
age somehow — there will be a way. I know you 
are doing your best — you can't be blamed. {A 
pause.) There's Ned Piatt! You loaned him some 
money while his little girl was so sick; maybe he 
could pay you back now when we need it! 

Martin — No! Ned's as bad off as we are. He 
has no job, either, and he spent all he had and all 
he could borrow on doctors and medicines. You 
see, I've been out of work for three months now 
and all we had saved we paid on our house con- 
tract. I never thought the shops would be shut 
down for more than a couple of weeks — that's what 
they told us — and they keep telling us they will 
open soon. Mr. Crane told me to-day they would 
open in thirty days, but what are we going to do till 
then? How are we going to get by till the shops 
open ? 

Ann — Of course, we've got to have some money. 
We can't get any more credit at the grocery — he 
asked me for what we owe him again to-day. He 
wasn't mean about it, but lots of people owe him 
money and he says he can't afford to have so much 
standing out — I can't ask him to trust us for any 
more. 

Martin — I've been thinking how we can get a lit- 



22 THE ARBITRATORS 

tie money — just enough to get by on — and I can 
only find one way and that I am almost afraid 
to do. 

Ann — What is it? We must do something — I 
might find work somewhere. 

Martin — No! that won't do. And besides, you 
would have a hard time finding anything you could 
do, and then, what you must do first is to look after 
the baby — who would take care of her? No! I 
couldn't stand it to have you working to support my 
family, even if you could get anything. 

Ann — But it is not your fault that the shops are 
closed — everybody knows that. 

Martin {After a pause gets up from chair and 
puts some coal on stove) — How is the coal holding 
out — got any left? 

Ann — It's about all gone. We only got a little, 
you know, and I have to keep a fire most of the time 
now on account of the cold weather and the baby. 
{Baby is heard to cry in next room.) There! I 
think I hear her crying now; I will go and see. 
{Goes out door left.) 

Martin {To himself) — It's Hell! {Gets up and 
stands with back to stove warming himself.) I 
can't help feeling, somehow, it's my fault, though I 
try hard enough, God knows! {Pause.) I guess 
it's just in the cards. 

Ann {Enters door left, carrying baby wrapped 
in shawl) — She seems a bit restless; I will hold her 
out here for a little while. {Takes rocking chair 
which Martin draws up by stove for her and 
gently rocks the baby.) 

Martin — We are in luck to have such good, 
healthy children! Think of poor Ned Piatt, with 



ACT I 23 

all the sickness he's had as well as being out of 
work! {Pause.) Ann, there is just one thing left 
for us to do to get a little money to tide us over, 
and that is to borrow some money on our furniture; 
{hesitating) we could soon pay it off again, after 
I go back to work, and it is the only thing left we 
can do. 

Ann {Dismayed) — That would surely bring us 
trouble. Look at poor Mrs. Everhart! She bor- 
rowed some on her furniture and she lost it. If it 
had not been for her brother who lives in Mis- 
souri, goodness knows what she would have done. 
He helped her out. {Pause.) No! I would never 
feel easy if we did that. 

Martin — Well! Maybe there was some reason 
for Mrs. Everhart's trouble. Perhaps she got in 
with a dishonest man. 

Ann — They are all dishonest at heart — these 
money lenders — going around lending money on 
poor people's furniture and the like. 

Martin — I hardly think that is so; and, besides, 
what else can a poor person do when they are up 
against it like we are? You can't borrow money 
without security, especially when you are out of a 
job ; and this furniture is about all we have that we 
could give as security. Then the law protects us 
against any tricks — that's what the laws are for. 
{Pause. ) I stopped in to see a man to-day who had 
an ad. in the paper. He seemed like a nice man 
and said he guessed he could fix us up if we wanted 
to borrow on our furniture. He says lots of peo- 
ple are borrowing these times. 

Ann — What was his name? I wonder if he is 
the same man who lent Mrs. Everhart that time ! 



24 THE ARBITRATORS 

Martin — Steel! Donald Steel — he has an office 
in the Trust Building. 

Ann — That was not the name of the man Mrs. 
Everhart had trouble with. 

Martin — Anyhow, it is not his own money he 
lends — he is only an agent. Wait until you see him 
— I am sure you will think he is all right; besides, 
it is the only thing we can do now. I have no 
place else to turn for help, and we must get enough 
to get along on till I get work again. Perhaps we 
can pay him off in a month or two — he makes easy 
terms — we can pay a little at a time, or all at once ; 
he makes it easy for the borrower — all he wants is 
the money back and interest. He said he would 
come out to look at the furniture in the morning and 
then let us know if he will lend us or not. He 
seemed real anxious to accommodate us. 

Ann — Maybe it will be all right, but I don't like 
the idea — somehow it makes me feel uneasy — but I 
suppose there is no other way now — we certainly 
must have some money. 

Martin — I am sure it will be all right. {Pause.) 
We will both have to sign the papers — that is if he 
loans us at all. 

Ann — Yes, I suppose so. How much money will 
we get? 

Martin — Oh! I don't know — I hadn't thought 
of that; not much — we don't want much — just 
enough to get by on. The less the better. 

Adolph {Enters door left clad in night-gown — 
evidently just awakened from sleep) — I've had an 
awful dream — I went to bed and fell asleep, and 
then the dream woke me up. {Shivers and ad- 
vances to Martin who takes him up on his lap.) 



ACT I 25 

Martin — This will never do — back to bed with 
you, young man, never mind about the dream. 

Adolph — Let me stay out here with you just a 
few minutes. It was a terrible dream I had. 

Ann — What was your dream — tell mother? 

Adolph — I can't exactly tell — only it frightened 
me. First there was a great crowd of people all 
running about and then it got dark and when the 
light came again something of mine — I don't know 
what — was gone — just like you or father had gone 
away. I was frightened and cried in my sleep and 
then I woke up and heard you and father talking 
and came out here. 

Ann — Nonsense! We are right here. It must 
have been the pie you ate for your dessert to-night 
— it was pretty rich. Come! We have all had a 
hard day — we will all go to bed. (Ann gets up 
with baby and followed by Adolph passes out door 
left. Turns to Martin at door.) You fix the 
stove and lock up, Martin, I will attend to these 
youngsters. 

Martin — All right! I will be in as soon as I 
have locked up. (To himself.) I don't like the 
idea — this borrowing money — any better than she 
does. (Goes to stove and stands looking into it.) 
She is so game and good; it makes me feel like I 
was a failure, but I really don't see how I am to 
blame — I try hard enough and, God knows, I am 
not lazy. It is just an opportunity to work I want. 
(Fixes dampers in stove.) Maybe it will be all 
right — I guess the shops will be open in a month and 
then I will have a job. (Turns off lights as cur- 
tain descends on end of Scene I.) 

CURTAIN 



SCENE II 

Same as Scene /, Act I. The morning following. 
Adolph is discovered at stove taking up ashes. 

Martin (Enters ftom door right with baby in his 
arms. Looks at clock as it strikes eight.) Hurry, 
son, if you want to be in time for your school. 
Never mind about fixing the fire; your mother says 
she won't need it this morning — it has turned off so 
bright and warm. 

Adolph — I have plenty of time. I only have to 
take these ashes out. (He works at stove.) The 
boys are going to ask the teacher to let us out this 
morning to see the circus parade. It goes down' 
Market Street. I hope he will let us go. 

Martin — I guess he will. That will be as good 
as seeing the circus — almost. (Adolph hurries out 
door right with coal scuttle; Martin rocks the 
baby gently in his arms.) There! There! just; 
stay asleep a bit longer ! Your mother will be here 
in a minute with your breakfast. Babies like you 
don't know much about circuses, I guess — or do 
you! You look mighty wise and knowin' about 
something. 

Ann (Enters door left) — Here it is after eight 
o'clock already. That man will be here any min- 
ute now, I suppose, and the house is not near in or- 
der yet. Put the baby in her crib and give her this 
26 



ACT I 27 

{exhibiting bottle of milk) while I straighten up. 
(Martin takes bottle and exits door left with 
baby.) 

Martin (From door) — All right! I'll feed this 
baby — she is sleepy, too. 

Ann (Entering door right, to Adolph) — Hurry 
up now, Adolph, or you will be late. (Busies her- 
self tidying up at center table.) Run along and 
wash your face and hands and brush up — you must 
be off. 

Adolph — I have plenty of time. Do you want 
me to stop and order some coal? — there is only a 
couple of scuttlefuls left in the bin. 

Ann — No, dear! your father will see about it. 
Run along now. 

Adolph — All right! (Pauses, hesitating.) I hope 
the teacher will let us out to see the parade. 
{Pauses, hesitates; Ann looks up at him enquir- 
ingly.) May I have ten cents, mother? 

Martin (Enters door left in time to hear 
Adolph's request.) Here, son! here is a dime. 
(Reaches in pocket and hands Adolph ten cent 
piece. ) Now hustle ! 

Adolph (Putting dime in pocket) — Oh! thanks, 
father! (Exits door left.) 

Ann — He didn't need that, Martin! (expostu- 
lating) — especially when we are in our fix. 

Martin — Oh ! that little won't make or break us 
— and I think we will get our money from Mr. 
Steel. The boy don't have very much to spend and 
he will want that for peanuts if he goes to the 
circus parade. (An automobile is heard to stop 
outside.) 

Ann- — There! that must be that man now! 



28 THE ARBITRATORS 

Martin — I will go see. (Steps towards door.) 
You better go in the other room till after I let him 
in. (A step is heard on steps outside door leading 
to porch.) 

Ann — Yes! I want to brush up a bit. 

Martin (Opens door and speaks to Steel who is 
about to ring bell) — Good morning, Mr. Steel! 
Step in! (Stands aside as Steel enters.) 

Steel (Taking off hat and gloves) — Good morn- 
ing, Mr. Kuhns ! It is a real spring-like day ! 

Martin — Yes, and I am glad of it. I don't like 
the cold weather we have been having. 

Steel (Turns from hat-rack where he has depos- 
ited his hat and gloves) — We will get plenty more 
cold weather before winter is over, I expect. 
(Shakes hands with Martin.) 

Ann (Enters door left with baby in arms) — 
Martin ! , 

Martin (Turning to Ann) — Ann, this is Mr. 
Steel. (Turning to Steel.) Mr. Steel, this is my 
wife. 

Ann — Good morning, Mr. Steel! (Steps for- 
ward as though to shake hands but hesitates, mov- 
ing baby from one arm to other.) Excuse me for 
not shaking hands, Mr. Steel. 

Steel (To Ann) — Ah ! I see the baby; you have 
your hands full — no apologies necessary! 

Ann (To Steel) — I suppose you wanted to look 
around? It is early and the house is hardly 
straightened up yet — you will have to excuse it. 

Steel (To Ann) — No apologies! (To both 
Ann and Martin.) I am an early caller. Quite 
a habit of mine; "early and often" — that is my 
motto. (Looking around critically.) What a 



ACT I 29 

charming little home you have here, Mrs. Kuhns! 
Everything so cozy and comfortable! 

Adolph {Entering door left with hair neatly 
brushed, cap in hand and a number of school books 
under his arm. He is going impulsively to his 
mother when he notices Steel and hesitates, steps 
backward as though he Would retreat, then stands 
irresolutely in doorway) — Excuse me! 

Ann (Looking first at Adolph, then at Steel) 
— Mr. Steel, this is our boy, Adolph! 

Steel — A fine young man ! (To Adolph.) Go- 
ing to the circus to-day, I suppose? 

Adolph (Still hesitating, bashfully) — No — sir! 
Not to-day. 

Martin — He is going to the parade, though, if the 
teacher will let the boys off. ( To Adolph. ) Now 
hurry along, son, or you will be late. 

Adolph — All right, dad! I have plenty of time. 
Good-bye, mother ; good-bye, dad ! (Passes out 
door leading to porch carefully avoiding Steel.) 

Steel — A fine boy! And the baby! Are they 
your only children, Mrs. Kuhns? 

Ann — Yes, that is all. (All have been stand- 
ing; Ann motions Steel to a chair.) Won't you 
sit down, Mr. Steel? 

Steel (To Ann) — No, thank you! (To Ann 
and Martin.) I have but a few moments to stop, 
so let us look around a little. ( To Ann. ) A very 
nice home you have here! (To Martin.) Do 
you own it or rent it? 

Martin — We are buying it on installments. We 
haven't got a title yet, but we have kept up our 
payments — so far. 

Steel — Ah! I see! It is certainly nice and cozy. 



3 o THE ARBITRATORS 

A fine thing to own a home. I am a great believer 
in the home — everyone should own his own home. 
{During dialogue Steel has been looking critically 
around room.) Now, if you do not mind, I will 
make a few memorandums. {Takes a memo, book 
and pencil out of pocket.) Piano! — Flemish oak 
finish, mission style {writes in memo, book as he 
calls off various articles) ; nickel-trimmed base- 
burner; imitation leather covered arm chair — oak; 
clock — eight-day mantel; settee 

Ann {To Steel) — Excuse me, Mr. Steel! I 
have some housework to do yet and the baby to look 
after. {To Martin.) If you need me, Martin, 
call me. {Exits door left.) 

Martin {To Ann) — All right! I will call you. 
{To Steel.) This is all good furniture, Mr. Steel. 
I paid good prices for it and Mrs. Kuhns is a good 
housekeeper and careful of everything, so it is in 
good condition and good as new. 

Steel {Still writing in memo, book) — It is fair, 
fair! {Looks around room.) But no furniture is 
new after it once leaves the store no matter what 
its condition, and second-hand furniture don't bring 
much these times. {Pause as Steel writes.) Aw- 
ful profit made on furniture ! These furniture peo- 
ple are robbers — robbers! Now, that chair! {in- 
dicating large arm chair) I suppose they charged 
you as much as thirty dollars for that chair! eh! 

Martin — Thirty dollars! yes, indeed, and then 
some! I paid fifty dollars for it, and the man told 
me it was cheap at the price — a bargain. 

Steel — That's just it ! They will tell you any- 
thing to make a sale. That chair probably cost at 
most twelve dollars — wholesale. 



ACT I 31 

Martin — I don't see how they can make one for 
that — leather and all. 

Steel — That is not leather — it is imitation, though 
I dare say they told you it was genuine. {Makes 
some further memoranda in memo, book.) I am 
through in this room, may I step into the next one? 

Martin — Certainly! just step this way. {Indi- 
cates door right.) This is the dining-room and 
the kitchen is beyond. (Steel exits door right; 
Martin stands in doorway.) 

Steel {From adjoining room) — Dining-room 
table — oak; sideboard — oak; set of dishes 

Martin {To himself) — He seems to be making a 
complete list. {To Steel.) You may step into 
the kitchen next, Mr. Steel. My wife is in there. 
(Martin turns to center table. To himself) I 
wonder what he thinks of it ! {Pause.) He don't 
value it very high if all his figures are like what 
he said about this chair {putting hand on arm 
chair) . 

Steel {Entering door right) — I guess that will 
do for those rooms — now the bedrooms. 

Martin — This way! {Leads way to door left, 
which he opens, permitting Steel to pass through 
—^Martin fottoius.) 

* 'Ann {Enters door right) — Well, thank goodness ! 
the baby is safe asleep all bundled up on a chair in 
the kitchen. I wish that man would get through 
and out of the house. {Sits down in arm chair at 
center table.) I can't get anything done with him 
here. {Pause.) Adolph seemed kind of afraid of 
him — didn't like him any better than I do, I guess. 
{Gets up and goes over by work table and picking 
up work basket begins to sort out the stockingsj 



32 THE ARBITRATORS 

etc.) Every one of these need mending — I don't 
see how I will ever get it all done. {Pause.) I 
never saw Adolph act so queer with strangers be- 
fore — he is not usually bashful like that — he acted 
as if he saw a ghost. 

Steel {Enters door left, Martin following) — 
Well, that will be about all, Mr. Kuhns. {No- 
tices Ann.) A very comfortable home, Mrs. 
Kuhns! I must congratulate you on your good 
housekeeping. 

Ann {To Steel) — Our home is not very large, 
but it is big enough to give me plenty to do — the 
baby takes a lot of time. {Pause.) It is com- 
fortable, though. 

Steel {To Ann) — You have some very nice 
things here — must be quite fond of them — had them 
so long, you know. 

Ann {To Steel) — Yes, I am fond of them — 
they are mostly the things we had when we got 
married; they seem almost like they were human 
— some of them. 

Steel {To Ann) — I know how that is. Mrs. 
Steel has some old pieces she treats as though they 
were alive, at least had feelings — we have no chil- 
dren. {Turning to Martin) How much 
money were you wanting, Mr. Kuhns? 

Martin {To Ann) — Well, what do you think? 
{To Steel.) We hadn't fixed on any amount. 
We just wanted to get enough to kind o' tide over 
till the shops open — they will be open again in a 
month, then we figured on paying it off. 

Steel — Yes ! very likely ! — I guess there will be 
no trouble about that. Now, about what amount 
do you think you can get along on? 



ACT I 33 

Ann (To Martin) — You know we owe a lit- 
tle, and the baby needs some things — and Adolph. 
I don't know just what to say. 

Steel — Could you get along on, say, seventy-five 
dollars ? 

Ann (Ann looks at Martin and shakes head in 
negative} — I don't know, whatever my husband 
says. 

Martin (To Steel) — Well, I was thinking a 
hundred and fifty would about see us through, and 
the furniture is good for it, even if I wasn't going 
to work again next month — and then we can pay 
it off. You said yesterday we could pay it off any 
time! 

Steel {To Martin) — Certainly! We will al- 
ways take the money — glad to get it these times, 
but I couldn't go quite as strong as a hundred and 
fifty. You see I am only the agent for the people 
who have the money, and my clients are mighty 
careful these times — of course, you can't blame 
them, either. I think I could get you a hundred. 

Martin — Well, if that is the best you can do, I 
suppose we can get along on a hundred, though it 
ain't much — the shops will sure be open in a month 
and then we will be all right, anyhow. 

Steel (To Ann) — What do you say to that, Mrs. 
Kuhns ? 

Ann (To Steel) — Whatever my husband says. 

Steel — I guess that settles it. I see there is har- 
mony in this household. I am a great believer in 
harmony in the home. (Taking some papers from 
inside pocket.) I have a blank mortgage here and 
if you will let me sit down there at your table I 
will fill it in from my memoranda and we can close 



34 THE ARBITRATORS 

this matter up right now. I have a young man 
waiting out in the machine who is a notary and he 
will take your acknowledgments, and then Mr. 
Kuhns can come down with me to the Court House 
where I will record the mortgage and then hand 
him the money. 

Martin {Surprised) — Do you have to record it? 

Steel (To Martin in off-hand manner) — 
Merely a matter of form — my clients are particu- 
lar about the little trifles. 

Martin (To Ann) — I guess that is all right — it 
has to be recorded to make it legal. Mr. Steel said 
it would be all right and fair, and we will depend 
on him. You get Mr. Steel a pen and ink. 

Steel (As Ann starts to get ink out of table 
drawer) — Never mind — I always carry a fountain 
pen. (To Martin) It will be all right, Mr. 
Kuhns, don't worry about it. I will take the money 
any time it is convenient and my terms are liberal; 
all I want is my money back and the interest. 

Martin (To Steel) — All right! Sit right down 
at the table and fix it up. We will be more anx- 
ious to pay it off than you will be to get the money, 
I guess — and it will be the first thing we do after 
I go back to work next month. 

Ann (The baby is heard to cry) — I hear the 
baby ! Excuse me! (She starts for door right.) 

Steel (To Ann) — Just a minute, Mrs. Kuhns! 
Your first name is Ann! Any middle name? 

Ann — No! just Ann. (Ann hurries out door 
right.) 

Steel — How about you, Mr. Kuhns? 

Martin — Just Martin Kuhns ! (Spells.) M-a-r- 
t-i-n K-u-h-n-s. 



ACT I 35 

Steel — That is all. I will have this fixed up in 
a few minutes, then we can go. {Spreads chattel 
mortgage out in front of him and begins to fill it in, 
from memo, book.) 

Martin — Excuse me, while you fix that up — 
maybe I can help my wife. (Exits door left.) 

Steel (Meditatively) — Not a bad bargain (sur- 
veys the room critically) at a hundred dollars! The 
shops will not be open for six months — poor boob! 
(As Steel continues writing curtain descends on 
end of Scene II.) 

CURTAIN 



SCENE III 

Same as Scenes I and II, Act I. Ninety days have 
elapsed between close of Scene II and opening 
of Scene III. It is about eight-thirty in the 
morning. The front door and both windows 
rear are open — bright morning of early Spring. 
The screen door leading on to porch is closed. 
As curtain rises front door bell rings; two men 
— Milton Brown and "Jim" Cox — are seen 
standing on the front porch. 

Ann {Entering from door left) — I wonder who 
that can be! {Goes to door.) 

Milton Brown {To Ann from porch) — Is this 
where Martin Kuhns lives? 

Ann — Yes! 

Milton Brown — Is he at home? 

Ann — Yes! do you want to see him? 

Milton Brown — Are you his wife? 

Ann — Yes! Wait a minute — I will call Mr. 
Kuhns. {Turns and goes to door left; Adolph 
comes out door left as Ann reaches it with his books 
under his arm. To Adolph) You run along now, 
dear, you will have just time to get to school. 
{Kisses Adolph.) 

Adolph — Good-bye, mother! {Goes to door and 
as he opens screen, Brown and Cox step in and 
stand just within the threshold.) 
36 



ACT I 37 

Cox {To Adolph) — Hello! young man — are 
you going to school? 

Adolph — Yes ! and I have to hurry, too. Do you 
want to see father? 

Cox — Yes ! Is he at home ? 

Adolph — He is shaving — he will be here in a 
minute. 

Ann {Enters door left; sees Adolph talking 
with Brown and Cox) — Here, Adolph, you hurry 
along — it is nearly nine o'clock. 

Adolph — All right, mother! Good-bye! {Goes 
out door and down steps.) 

Ann {To Brown and Cox) — Mr. Kuhns will 
be right here. (Martin enters door left.) 

Cox {In an undertone to Brown) — This is 
damned mean business — that's what I call it. 

Brown {Same) — We can only follow orders. 
Here he is now! 

Martin {Steps up to Brown and Cox — Ann 
stands beside Milton) — Did you want to see me? 

Brown — Are you Martin Kuhns? {All advance 
to middle of room.) 

Martin — Yes! that's my name. What do you 
want with me? 

Brown {Reaching into pocket and taking out le- 
gal document) — I have a little paper here for you 
— {hands a writ of replevin to Martin) — and for 
you, too, ma'am — {handing copy of same instrument 
to Ann). I am a constable and from the Sheriff's 
office. The Sheriff gave me these to serve. 

Ann {To Martin)— Oh! Martin! What is 
this? What does it mean? 

Martin {To Brown and Cox) — What is it? — 
I don't understand ! 



38 THE ARBITRATORS 

Brown — That's a writ of replevin on these goods 
(indicating furniture) — this furniture — you can see 
what it says there in the paper. 

Martin — But I don't understand. (Reads la- 
boriously.) 

Ann (Turning to Brown and Cox) — Oh! what 
does it mean? — I can't understand it. (Cox 
shakes his head and goes over to window and stands 
with back turned to group looking out.) What has 
happened ? 

Brown — Well, I guess your husband and you have 
been sued on a mortgage on this furniture here, and 
we have come to get the stuff — unless you can 
pay the money. 

Martin (To Ann) — This is about the mortgage 
we gave Mr. Steel, but I don't just understand. 
This says we are to pay one hundred and fifty dol- 
lars and costs. (Turns to Brown) We only 
got one hundred dollars. 

Brown — We don't know anything about that. 
All we know is that the Sheriff gave us these papers 
to serve and told us to get the money or take the 
stuff. We have a wagon waiting outside. 

Ann — But surely there is some mistake — Mr. 
Steel wouldn't send you here to take our furni- 
ture. 

Brown — I guess there is no mistake. You have 
been sued all right by Donald Steel. That paper 
calls for one hundred and fifty dollars and the 
costs — and if you can't pay the money, we will have 
to take the goods. 

Martin — But we didn't get one hundred and 
fifty dollars. 

Brown — Maybe you can settle that in Court; 



ACT I 39 

you can't settle it here with us except by paying the 
full amount the writ calls for and the costs. 

Martin — How much time have we got to fix this 
up some way? — give me time to see Mr. Steel — I 
am sure there must be some mistake. 

Brown — We can't give you any time — we can't 
wait on you. If you have any fixing to do, do it 
afterwards with Steel. We want the money or the 
stuff now. 

Ann — But we have no money — now; can't you 
give us a chance? 

Cox {Turning to group) — Perhaps Mr. Kuhns 
could telephone to Mr. Steel — that wouldn't take 
long. 

Martin {To Brown) — I will have to run down 
to the drug store — can you wait that long? 

Brown {Gruffly) — Go ahead! We can't get it 
all loaded by the time you get back and if Steel says 
to lay off, and we get paid for our time and service 
of the writs, we don't care. It's none of our busi- 
ness. 

Cox {As Martin gets hat from hat-rack) — 
Wait! I think this is Steel coming now in that 
machine. {Automobile is heard to stop outside.) 

Martin {Stepping to door and looking out) — - 
Yes ! that's him. I guess it will be all right now. 

Steel {Coming up steps; from outside) — Good 
morning, Mr. Kuhns! {Enters door brushing past 
Martin ; sees Ann, who has taken seat dejectedly 
on "lounge") Good morning, Mrs. Kuhns! 

Ann — Good morning, Mr. Steel! {Baby is 
heard to cry in adjoining room.) My! there is 
the baby — I thought she was asleep. {Exits door 
left.) 



4 o THE ARBITRATORS 

Martin — Well, Mr. Steel, what does this mean? 
{Holding out writ.) I never heard anything about 
this till these two men came a few minutes ago. 

Steel {Rather gruffly) — You can read, can't you? 

Martin — Yes, but 

Steel {Interrupting) — Well, read it! It is plain 
enough. 

Martin — But I have read it, and I don't under- 
stand 

Steel {Interrupting) — It simply means that you 
have not paid your notes nor the interest, and we 
have had to sue you under the terms of our chattel 
mortgage. Now, we want the money, or we will 
have to take the goods. 

Martin — But we can't pay it just now — you know 
that. You know how hard it has been for me — I 
went and told you last month — and how the shops 
hadn't opened yet. But I will pay it — just give me 
a little more time — that is all I ask. 

Steel — You have had time enough, Mr. Kuhns, 
and now we want the money or the goods. 

Martin — But, Mr. Steel 

Steel {Interrupting) — I don't want to hear any 
excuses or idle promises — I hear enough of them. 

Martin — I don't believe the law will let you do 
anything like this — you can't take our furniture like 
this! Why this list {reading from writ) takes 
everything — even our beds — why, even the baby's 
crib! (Ann enters from door left with baby in 
her arms in time to hear Martin's statement. She 
stands in doorway.) 

Steel {Gruffly) — Can't we, though! You just 
watch us ! Read that paper in your hand — there is 
a copy of the mortgage in it — and you will see that 



ACT I 41 

we have the right to take the goods at any time 
when either principal or interest are behind. It 
is the regular, ordinary, legal form of chattel mort- 
gage. You have not paid me a cent of interest or 
principal for two months. 

Martin — But this says a hundred and fifty dol- 
lars. You only gave us a hundred. You remem- 
ber, we wanted a hundred and fifty, but you said 
a hundred was all you would lend. Why! these 
goods are worth ten times the amount. 

Steel — We won't argue about that — read what 
the mortgage says, it is perfectly plain. You for- 
get my commission, bonus, the cost of making out 
the papers, recording, notary's fees and all that. 

Ann {From doorway where she has been listen- 
ing) — Give us a little time, Mr. Steel. We will 
pay it somehow. 

Steel — You had better let your husband attend to 
this, Mrs. Kuhns — I do not care to deal with 
women. 

Martin — You seemed willing enough when you 
had her sign the mortgage. 

Cox (To Brown in undertone) — This is 
damned mean business — that's what I call it. 

Brown (Same — to Cox) — What is it to us! 
Let them fight it out; we are here to do our duty 
according to law, not to "butt in." 

Steel (To Martin) — I won't argue with you 
— I have wasted enough time on you as it is. To 
constables.) Here! move this room first! 

Ann (To Brown and Cox) — Surely, you won't 
take our furniture! 

Brown — The law's the law — we can't help it. 

Cox (To Ann) — I don't like this myself, ma'am, 



42 THE ARBITRATORS 

but I guess we can't do anything for you. (Both 
Brown and Cox turn and begin to move orna- 
ments from top of piano.) 

Steel (To constables) — Now, be careful! 
Don't scratch any of this stuff. 

Martin (Who has been standing with bowed 
head, suddenly straightens up and steps quickly to 
the door) — Not by a damned sight! You don't 
move a stick of this stuff. You may be in your 
right — it may be lawful, but it is not fair — it is not 
honest — it is not right. (Brown and Cox pause 
in their work and turn to Steel for directions.) 

Steel (To constables) — Come on here! I 
haven't all day to spend at this. 

Martin (Stepping between piano and door) — 
Drop that, I say. Not a stick! (Brown and 
Cox drop their hold on piano which they have 
started to move.) I will settle this with this man 
here. (Indicating Steel.) 

Ann (To Martin)— Oh! Martin, don't! We 
have trouble enough now! 

Martin (To Ann) — This is my business. You 
had better take the baby and step into the other 
room. (Brown and Cox again pause in their 
work, and again turn to Steel for instructions.) 

Steel (Losing temper and speaking angrily) — 
If you two boobs are afraid of this dead beat, I am 
not. I've seen his kind before. (Starts to enter 
house from porch.) 

Martin (Pushing Steel forcibly back on porch) 
— Don't put your dirty carcass inside this house 1 — 
you miserable skunk! (Ann gasps, very much 
frightened, and clasping the baby closely to her 
breast, hurries out through door right.) 



ACT I 43 

Brown {Starting toward Martin as though to 
interfere) — Hold on there! — none of the rough 
stuff 

Cox {Taking Brown by arm and detaining him) 
— Let 'em alone — this is not our funeral. Steel's 
got it coming to him. 

Steel {Trying to force his way past Martin) — 
Here, you constables! Arrest this lunatic! {Makes 
another vigorous effort to pass Martin. Brown 
tears loose from Cox and starts to Steel's assist- 
ance, or to make arrest.) 

Martin {Steps back a step and strikes Steel 
with full force with fist on jaw) — You will, will 
you ! ( Steel staggers and falls backwards down 
the steps of front porch out of the range of vision 
of those within the room. Ann, who with the 
baby still in her arms, has returned and is watch- 
ing from doorway left, screams and crossing un- 
steadily to the "lounge" sinks down on it. Brown 
and Cox both rush out door and down steps. Mar- 
tin stands just outside door on porch looking down 
where Steel has fallen.) 

Brown {From outside) — He's knocked clean out! 
Here, help me turn him over on his back. {Pause.) 
Get some water! 

Cox {Hurrying up steps) — That was an awful 
wallop ! Where's some water ? 

Martin {To Cox) — I'll get some. {Turns 
toward door right and sees Ann on "lounge." 
He pauses and stoops down to Ann, raises her up 
gently and leads her out door right. To Ann) — 
Come with me — I am afraid I hurt him pretty bad. 

Brown {From outside) — Come here a minute, 
"Jim." (Cox goes out and down steps. Martin 



44 THE ARBITRATORS 

enters door right and crosses to porch door with a 
glass of water in his hand. Just as Martin 
reaches door Brown comes in and taking glass from 
Martin puts it on piano. To Martin) Come! 
help me carry him in and put him on the "lounge." 

Martin — Is he bad hurt? 

Brown — I don't know how bad — pretty bad, I 
guess; I've sent "Jim" for a doctor. We will put 
him on the "lounge" till the doctor comes. It looks 
bad — you better stay right here with me, till we 
see what the doctor says. He struck his head when 
he fell — and he is unconscious. It looks bad — I 
would not be in your boots! (Brown and Mar- 
tin go out and down steps while Ann appears at 
door right and watches them, the baby clasped 
closely to her breast, as curtain descends on end of 
Scene III, Act I.) 

CURTAIN 



ACT II 

SCENE I 

A Court Room — Criminal Division of Superior 
Court of Cosmos County. The walls are 
wainscotted to a height of seven feet in ma- 
hogany, balance of walls in dark green with 
decorations in gold. About the center and 
against the left wall stands the Judge's Bench 
— elevated about three feet above floor. This 
bench is also of mahogany, about eight feet 
long by six feet deep — permitting of space for 
desk and chair — the desk is a large, flat top ma- 
hogany desk with high-backed, leather-covered 
chaif to match. The desk and chair are so 
placed as to face the right wall. Next to the 
Judge's Bench and adjoining it in front are 
three steps for the passage of the Judge and 
also for witnesses who use them upon entering 
the witness box which is to the front of the 
Judge's Bench with large leather-covered chair 
facing right wall. The Judge's Bench is ele- 
vated one step higher than the witness box. 

Behind the Judge's Bench and extending all the way 
to the ceiling are a pair of heavy, red plush cur- 
tains; they cover a space on the wall the same 
width as the Bench. At the top of these cur- 
tains is fastened an emblem, or shield, upon 
45 



46 THE ARBITRATORS 

which appear the words: "Law — Equity — Jus- 
tice — Liberty " 

In front and under the bench are two desks — one a 
mahogany j roll-top office desk, which is at far 
end facing right wall, together with a mahog- 
any swivel office chair to match; the other, a 
flat-top mahogany desk, stands in front and a 
little to the left of witness box so arranged that 
it faces the front of stage. The former is the 
Clerk's desk, the latter the Court Reporter s 
desk. 

In front of the Clerk's and Reporter s desks with 
little space between, stands a long, hand- 
somely carved mahogany table with a number 
of straight-back mahogany chairs arranged on 
one side of it facing Judge's Bench — this is the 
table reserved for Attorneys. 

On the Judge's Bench, held between heavy bronze 
book ends, are a number of law books, also a 
silver tray upon which are a cut glass pitcher 
and drinking glass. There are also a number 
of law books on the Attorneys' table — also tray 
with water pitcher and several drinking glasses. 
In addition the Attorney's table is well pro- 
vided with writing materials — tablets of yel- 
low paper, ink stands, pens, pencils, etc. 

Behind, or to the right of, Attorneys' table stand 
a row of straight back mahogany chairs with 
space between table and chairs sufficient to ad- 
mit of convenient passage. These are pro- 
vided for Court Attaches, witnesses, etc. They 
stand with their backs to a railing which runs 
across the stage from front to back, dividing it 
at center. In this railing are two gates — one 



ACT II 47 

at front of stage, one well toward back wall 
— leading onto two passages which extend from 
right to left which in turn lead into wide pas- 
sage that extends along right wall entire depth 
of stage. At end of front passage against right 
wall is door leading to "official" entrance; at 
end of rear passage is similar door, only double 
and of heavy mahogany, which is the public en- 
trance to the Court Room. Between the right 
wall passage and railing and facing the Judge's 
Bench are seats for the "audience" 

There are two double windows in back wall with 
green shades pulled half-way down — the win- 
dows look out onto the roofs of adjoining 
buildings — a dismal prospect. The balance of 
walls are hung with prints and etchings in 
heavy frames — Washington Monument, Statue 
of Liberty, Government Buildings, and large 
picture of Justices of Supreme Court of the 
United States are among them. 

In front of Witness Box and so arranged that they 
face both Attorneys' table and front of stage, 
are placed diagonally twelve straight back ma- 
hogany chairs — the Jury Box, behind which 
against left wall — with ample room for action 
between Jury Box and wall — are hung pair of 
heavy purple plush curtains extending from 
floor to ceiling. 

Between Judge's Bench and back wall are two ma- 
hogany doors leading off left — over one are 
the words: "Chambers" over the other, 
"Clerk." 

Behind the Attorneys' table and a little apart from 
it is another and smaller mahogany table — the 



48 ! THE ARBITRATORS 

Newspaper Reporters' table. This is also pro- 
vided with writing materials, cuspidors beside 
it, etc. 
As curtain rises are discovered a number of At- 
torneys, Newspaper Reporters, Court Attaches, 
Woman Magazine Writer and a clergyman 
loitering about between Judge's Bench and rail- 
ing — gossiping. A Newspaper Reporter is 
seated in the Judge's Chair. 

A Newspaper Reporter {Looking at watch) — It 
is getting late! (To Clerk) What time will you 
open the doors to feed the animals? 

Clerk (Who sits at desk writing) — This show 
was advertised for nine-thirty. (Looking at 
watch.) It is that time now. 

Another Newspaper Reporter — Some crowd to- 
day! Who says tragedy no longer attracts! Just 
listen to the mob ! (All listen. A noise as of the 
shuffling of many feet is heard outside main en- 
trance door*; muffled voices and laughter are also 
heard. Now and then the crowd outside the door 
push up against it until it shakes.) 

Woman Magazine Writer — You can always de- 
pend on a crowd when they don't have to pay! It 
beats the "movies." 

A Clergyman — No doubt they come to lend their 
moral support to the proceedings! 

Court Reporter — Morbidness! Morbid curios- 
ity! It is always so, especially in murder and di- 
vorce trials. 

Another Newspaper Reporter — The big crowd 
always gathers at the dangerous curve ! Put a man's 



ACT II 49 

neck in jeopardy, and, while they know they cannot 
gratify their taste to the extent of actually seeing it 
stretched, they hope for something of the sort. They 
go to the auto races not, in fact, to see an exhibition 
of speed, skill or endurance, but in the hope of see- 
ing somebody mangled. It is the hope of the hor- 
rible that lures ! 

A Bailiff enters at the "official" entrance and tak- 
ing a heavy bunch of keys out of his pocket 
walks briskly down the aisle leading to main 
entrance and inserts large key in keyhole of 
main entrance door. Increased and prolonged 
scuffling and talking are heard. As Bailiff 
opens door the crowd surges against it, pushing 
it open a matter of two feet — he is obliged to 
use all his strength to keep the crowd back. 
Through the opening thus temporarily effected, 
slips the Spirit of Vulgarity unnoticed and 
passes up to center of stage where he pauses, 
and with face turned slightly toward main en- 
trance and holding his head quizzically on one 
side, he holds elbow of right arm in the palm 
of left hand with his chin resting on thumb 
and forefinger of right hand. He smiles cyn- 
ically and amusedly at the crowd surging 
against the doors. 
Bailiff (To crowd) — Here! Here! None of 
that — no crowding! You can all find seats. Cut 
out that rough stuff now, or I will lock the doors 
on you. 

Spirit of Vulgarity — It is to make a hoodlum 
holiday! (Crowd enter noisily as Bailiff opens the 
doors, shoving and jostling each other good-na- 



50 THE ARBITRATORS 

turedly. It is a motley gathering composed of men, 
women, young women and clergymen — persons from 
all walks of life and of all ages.) 

Bailiff — That is better ! {Some women are about 
to enter behind railing to space reserved for Attor- 
neys, etc.) Just a minute, please! No one is al- 
lowed inside the railing without a permit from the 
Judge. {Women retreat and find seats in space re- 
served for audience.) 

A Woman {To woman next to her) — Do you 
suppose we can hear from these seats? 

The Woman — We can hear all right, I guess, but 
can we see him ? The "Criminal" sits at that long 
table in front of the railing. 

Spirit of Vulgarity — What a pity hangings are 
no longer public ! The trial is so much like the ap- 
petizer before dinner — without the dinner. {To 
crowd.) Behold, my friends! The stage is set, 
the hour is at hand ! The actors, each one adorned 
to play his special role, await without their queues — 
{Looks at door "Chambers/') See! the stage di- 
rector, clothed in his authority, takes charge ! ( The 
Judge in robes gathered about his shoulders gravely 
enters through door "Chambers" as all eyes are 
turned in his direction and follow his movements as 
he ascends the steps leading to Judge's Bench and 
takes his seat. The Clerk raps for order.) 

The Clerk {Calling in sing-song voice) — Hear 
ye! Hear ye! Hear ye! The Superior Court — 
Criminal Division — of Cosmos County is now in 
session ! ( Takes seat at desk and continues to turn 
over papers and write in a large book.) 

Spirit of Dignity {Steps from between red plush 
curtains on to the Judge's Bench and takes position 



ACT II 51 

directly behind the Judge, who is reading the Cal- 
endar. To Judge) My worthy protege, see to 
it, pray, that you well uphold this day — tradition ! 
Am I not a most becoming aid to your most honor- 
able calling? Remember well that through your 
august person the majesty of law and State doth 
function ! 

Spirit of Vulgarity (To crowd) — What a hand- 
some man! How learned he must be! Do you 
suppose he hath read all those sombre tomes repos- 
ing on his desk! How noble and how dignified he 
seems, yet I have heard it said that in the bosom of 
his favorite club he is, in truth, a jolly dog! He 
laughs most boisterously at ribald jests when cups 
go 'round — but here! Here he is another man — 
and scarcely human. Observe how Dignity doth 
clothe him and hold him set apart from all the rest ! 
The District Attorney, Joel Ford, enters from 
door marked "Clerk" and at the same time 
Luther Small — the Attorney for Defense — 
enters with a number of law books under his 
arm by main entrance. Both go directly and 
brisky to Attorneys' table, depositing books on 
it and nodding friendly greetings to each other 
and to Court Attaches. The Spirit of Am- 
bition enters with Ford, arm in arm, while 
the Spirit of Avarice does a like service for 
Small. 
Spirit of Ambition (To Ford) — Remember our 
rehearsal and the private counsels had between us 
two! Now is the appointed time; let no detail, 
trivial though it may appear, escape you. I keep my 
word and fulfil my promises, but, mark you! only 
those who warm and nurture me may look upon 



52 THE ARBITRATORS 

achievement. Men in public life are weighed by 
outward seeming — duty as prescribed in books is sec- 
ondary. You swore to bend your nerve to see but 
even-handed Justice done to all alike. Out with 
such chatter! You will be weighed and judged 
solely by convictions had. Conviction spells success; 
acquittal, failure. The public soon forget the facts; 
the State calls for revenge. But use me as your 
spur and success awaits. 

Spirit of Avarice (To Small) — To be sure the 
conduct of this cause doth profit little in the way 
of ready cash, but rich it is in advertising value 
gained. 'Twas a lucky day for you when one so 
young and so unpracticed in the law had this op- 
portunity upon you thrust by reason of your "crim- 
inal's" adversity. You owe much gratitude unto 
the Honorable Court. Should this case well pro- 
ceed, though your client should be guilty found, 
other cases lucrative will follow. You had price- 
less advertising space to-day — your likeness in the 
morning's Press — 'tis a pity that the picture made 
you look so young! 

Judge (Reading from calendar} — The State ver- 
sus Martin Kuhns! 

Ford — Ready, your Honor! 
Small — If your Honor please! The crim — 
(catching himself) I mean my client is not yet pres- 
ent. 

Two deputy sheriffs enter through door right for- 
ward with Martin between them. They pass 
down aisle between rows of seats where crowd 
is watching them and through the gate into the 
space reserved for Attorneys , etc. Martin 
greets Small and takes seat beside him. 



ACT II 53 

Spirit of Vulgarity — There is the "Criminal" 
now! No danger from him now, my friends — he 
is closely guarded by two stalwart officers of law. 
He looks pale and nervous. No wonder ! His wife 
will soon be here to join him in the docks. He has 
a youngish boy and baby girl — sorrow, or pity 
rather, are most tearfully expressed for them by 
everyone. Ah! Here comes the wife ! (Ann and 
Adolph, accompanied by Mrs. Everhart, enter 
at main entrance and pass down aisle and through 
gate. A Deputy escorts them to a seat directly be- 
hind the one occupied by Martin. Ann leans for- 
ward and whispers to Martin who looks around 
and nods confidently to Adolph and Mrs. Ever- 
hart.) They always have the faithful wife and 
child ! It is part of the stage setting — she should 
have brought the baby. 

Newspaper Photographer (To Court Attache) 
Ask that fat man in the front row to move a little — 
I want to get a picture of the faithful wife. (A 
pause as fat man is moved and Photographer ad- 
justs his camera.) Ah! (takes flashlight. Several 
persons in audience seem startled and exclaim.) 

Spirit of Vulgarity — I hope, my worthy friends, 
you will all be in it so you may see your pictures 
in the evening prints. The cleric there (indicating 
the clergymen) will be present in the foreground — 
no trial would be complete without the clergy pres- 
ent. 

Judge (Carefully wiping pair of gold-rimmed 
spectacles) — Gentlemen, I think we may proceed. 
(Turns to Bailiff.) You may bring in the jury. 
(The Spirit of Learning pushes his head from 
between red plush curtains and surveys the room. 



54 THE ARBITRATORS 

He steps cautiously out upon the Judge's Bench 
and looks quizzically at Ford and Small; he then 
bends his gaze lingeringly upon the Judge, glances 
hastily at the Spirit of Dignity, who stands be- 
hind the Judge and close to him, and then quickly 
withdraws behind the curtains.) 

Spirit of Dignity (To Judge) — A goodly audi- 
ence indeed ! I see nobility attends as well as those 
from humble ranks. The parson and the prostitute ; 
the mechanic in his store-bought clothes, the fash- 
ionable fop; Society's elect among the ladies fair 
and shop girls quite as fair but not so fortunate; 
the school-girl still within her teens, the spinster on 
the ragged edge; the banker and the man who keeps 
a shop. High and low, great and small, rich and 
poor — all, all observe you ! 

Judge (To crowd) — It has long been the prac- 
tice of this Court when causes such as the one we 
are about to try — cases attracting wide public at- 
tention — are before us to insist upon perfect order 
in the Court room. While this is a public hearing, 
you will please bear in mind that this is a Court of 
Law and not a place of entertainment, and there- 
fore refrain from giving expression in any form to 
your emotions. Any untoward demonstrations will 
be promptly reprimanded by the Court, and the 
Bailiff will see to it that the Court's order is strictly 
observed. 

Spirit of Dignity (To Judge) — I think that has 
impressed them. 

Spirit of Vulgarity (To crowd) — Be circum- 
spect or you will be dismissed and curiosity remain 
ungratified. 



ACT II 55 

Bailiff enters door right forward and stands aside 
while the jury files in and pass down aisle to 
jury box. As the jury takes seats there appear 
silently, one at a time, from behind the purple 
curtains back of the jury box the Spirits of 
Wealth, Fear of Poverty, Ignorance, 
Precedent, Humility, Greed, Hatred, Re- 
venge, Pride, and all stand behind jury. The 
Spirit of Learning last of all steps out from 
behind purple curtains and walking around in 
front of jury leisurely and quizzically surveys 
each one, then slowly retires, shaking his head 
negatively, up steps of witness stand and with- 
draws between red plush curtains behind 
Judge's Bench.) 
Spirit of Greed (To jurats and other Spirits) — 
I see several persons present here who are indebted 
to us. Even the Honorable Judge with all his Dig- 
nity has not paid the last quarter's interest owing 
and past due our friend the Banker. (Indicating 
Banker Juror.) 

Spirit of Vulgarity (Directing attention of crowd 
to jury) — A Jury of his peers! Indeed most 
worthy to sit in judgment upon the acts of other 
men ! The Grocer there doth earn a livelihood 
through tinkering with weights and scales ; the Mer- 
chant doth maintain a large establishment by trim- 
ming down the wages of his girls to such a point 
that self-respecting means of life are past things pos- 
sible; the Broker is a "go-between" — racing against 
time — his profits based upon another's loss; our el- 
derly retired business man has gained his wealth in 
ways too devious to mention, but he is safe at last 



56 THE ARBITRATORS 

and sits behind a rent-roll large enough to make 
him quite respectable, while ever and anon it doth 
increase by reason of the activity of others who 
labor that they may pay rent. The Plumber eats on 
other persons' time; the Farmer is an honest man, 
forsooth, because, together with his family, he doth 
attend the Church each Sabbath day; the Banker, 
rich beyond all fear of want or stern necessity, con- 
tiues to grow fat on other persons' funds — and so 
it goes ! Indeed, a worthy crew to pass upon the 
acts of others. 

Judge (To Ford) — Mr. District Attorney, you 
may proceed ! 

Spirit of Ambition (To Ford) — First impres- 
sions count! Your examination of the jurors yes- 
terday may have left some ruffled fronts. Be con- 
ciliatory and urbane — above all, be forceful. 

Ford (Bows first to Judge, then to the jury) — 
Your Honor! — Gentlemen of the Jury! We are 
here to perform a grave and, perhaps, a stern duty. 
I swore to do my duty when I took the oath of 
office of District Attorney of Cosmos County; you 
swore to perform your duty fairly and impartially 
when you were sworn as jurors. 

A crime, we allege, has been committed. The 
State has gathered evidence to substantiate that al- 
legation — convincing evidence, we believe — which it 
will be my duty to place before you. From the evi- 
dence we will produce, and from the surrounding 
circumstances, we propose to prove conclusively sev- 
eral things. First, and among others, that Donald 
Steel was murdered — wilfully murdered — on the 
morning of January twenty-second, last, at the resi- 
dence of the defendant, Martin Kuhns, by a blow 



ACT II 57 

sufficient to produce death delivered to the chin of 
Donald Steel by defendant deliberately, premedi- 
tatedly and wilfully, causing instant death. (Pauses 
and takes a drink of water.) 

Spirit of Vulgarity (To crowd) — See how pale 
the "Criminal" is; observe his twitching nerves; 
note how he fumbles with his handkerchief! 

Ford (Continuing) — I do not propose to give 
you at this juncture more than a very brief outline 
of our purpose. 

Spirit of Ambition (To Ford) — 'Tis well! 

Ford (Continuing) — We will produce creditable 
witnesses who were present in pursuance of their 
duties at the time this act was committed, by whom 
we will prove that the defendant provoked a quar- 
rel with Donald Steel resulting in the murder. We 
will show that there is every reason to believe that 
Kuhns, the defendant, entertained unfriendly ?en- 
timents toward the victim of his crime prior to the 
open quarrel. We will prove by expert testimony 
that the blow struck by Kuhns was sufficient to 
cause instant death without any other agency than 
the blow itself. We will show a motive for the 
crime engendered through the fear of pecuniary loss, 
and prove by creditable witnesses that threats of 
violence were made by defendant against Donald 
Steel prior to the commission of the act that caused 
Donald Steel's death. (Pauses and takes a drink 
of water.) 

Spirit of Vulgarity (To crowd) — The wife 
weeps! (Ann is observed shaken with sobs.) 

Ford (Continuing) — It will be my duty, gentle- 
men of the Jury, to prove these things to you — to 
place the proof before you in such a light that the 



58 THE ARBITRATORS 

facts will stand out plainly to your view. The 
Court will instruct you as to the law and it will 
then be your duty — your solemn duty — to find a 
verdict of guilty or acquittal in accordance with the 
facts proven, the law — and your conscience. (Ford 
here wipes his forehead with a large silk handker- 
chief, bowing to the jury, and takes his seat.) 

Spirit of Revenge (To Jury) — An eye for an 
eye, a tooth for a tooth! 

Spirit of Pride (To Jury) — It is something to 
sit on a case of as widespread importance and in- 
terest as is this. 

Spirit of Fear of Poverty (To Jury) — Donald 
Steel was rich. 

Judge (Bowing to Small) — Do you desire to 
address the jury at this time, Mr. Small? 

Small (To Judge) — I do, your Honor! — very 
briefly. 

(Door at right forward opens very slowly and the 
Spirit of Justice enters. She is lame and 
walks with apparent effort and as though in 
pain. She comes a few paces within the room 
and there stands erect, pushes the bandage back 
upon her forehead in an effort to see, and ap- 
parently surveys the Court Room and persons 
in it generally.) 
Spirit of Justice (To herself) — Is this the hall? 
(Her eyes seem to rest upon the Judge and on the 
emblem "Law — Equity — etc.," at top of red plush 
curtains.) The trappings and the signs would 
seem to indicate as much! (The Judge raises his 
eyes which seem to rest upon the figure of Justice.) 
Though I somehow feel an alien here, the honorable 
and fair-minded judge doth seem to beckon me — at 



ACT II 59 

least his mien and attitude lend semblance to Jus- 
tinian's Court. (Slowly, limping, the Spirit of 
Justice gropes her way down the aisle, passes 
through the gate and moves up to the steps leading 
to the Judge's Bench, where she pauses uncertainly 
while she surveys the Judge and the Spirit of Dig- 
nity which continues to stand at the Judge's side.) 
Some strangers here! What a draught — it chills 
me through. (She draws her robes more closely 
about her and still groping her way finds a seat 
directly behind Martin and close to Ann.) I 
may find some comfort here ! 

Small (Turns to Jury) — Your Honor! (Bows 
to the Judge.) Gentlemen of the Jury! (Bows 
to the jury. Pulls down cuffs — takes out large 
silk handkerchief and wipes his forehead nerv- 
ously.) 

Spirit of Avarice (To Small) — There are some 
men of influence on the jury — all potential clients. 
See! the Banker is already weighing you in his 
mind. He has eyes like a gimlet! 

Small (Coughs) — Gentlemen of the Jury! 

Spirit of Vulgarity — (To crowd) — Just listen! 
How he falters — his maiden case, they say. The 
cleric looks disgust. 

Small — Gentlemen of the Jury! You have 
heard what the District Attorney has to say. (Hes- 
itates — embarrassed.) He has merely told you 
what he expects, or I should say, hopes to prove — 
for I can scarcely believe he really expects to prove 
his case. He has also told you at some length what 
he conceives to be his duty — and yours. (Pauses.) 

Spirit of Wealth (To Banker Juror) — I think 
we have seen this young man before, but place him 



60 THE ARBITRATORS 

not. An upstart — not yet even started up ! No 
money, no influence nor standing. The "Criminal" 
had no means wherewith to buy ability. 

Small {Continuing) — I, too, have a duty to per- 
form — a duty first to my client 

Spirit of Avarice (To Small) — Forget not 
yourself, my friend, if friend of mine you be. 

Small (Continuing) — And a duty to you, gen- 
tlemen of the Jury. (Pauses and looks at the 
Judge as though for encouragement.) 

Spirit of Vulgarity (To crowd) — Behold, the 
fledgling stretch his downy wings ! He will not soar 
very high. More able counsel for defense would 
make a better joust — more spirited. — He hesitates ! 
He speaks! 

Small (Continuing) — I, too, will produce evi- 
dence which I feel confident will prove the inno- 
cence of my client of the crime as charged, quite 
refuting the evidence the State will introduce. We 
are prepared to show that the alleged blow was not 
in itself sufficient to produce death, but that the 
deceased struck his head in falling down a flight 
of steps — dying as a result of the fall and not of a 
blow. We will show, gentlemen of the Jury, that 
there was no ill feeling between the defendant and 
Donald Steel prior to the twenty-second day of 
January last, and that there was no premeditation 
of the alleged crime. In short, we intend to prove 
to your satisfaction that the death of Donald Steel 
was due to accident. (Pauses.) As this trial may 
occupy some time 

Spirit of Wealth (To Jurors and other Spirits) 
I hope not — I have wasted too much time on this 
balderdash already! 



ACT II 61 

Small {Continuing) — I will not now weary you 
with a long harangue. That you will do your duty 
I am convinced; that you will acquit my client I 
am confident. {Wipes his face with handkerchief 
and takes seat.) 

Spirit of Justice {Rising and turning her face to 
Jury) — An idle wind doth blow across my cheek! 

Spirit of Vulgarity {To crowd) — Here we see 
two horns of an Irish bull. Both speak with some 
degree of confidence, yet one is wrong and other 
right. The young man, Small, is handicapped by 
youth, but that should gain him sympathy; Ford is 
an old-timer and practiced in the arts of obfuscation 
— and brazen as a Church bell. They say he has 
his eye on a seat in the Senate. 

Ford {To Bailiff) — Call Milton Brown! 

Bailiff — Milton Brown! step forward! (Brown 
rises from seat against railing and steps briskly 
and confidently up to witness box.) 

Judge {To Brown) — Be sworn! {To Clerk) 
Mr. Clerk, swear the witness. 

Clerk {To Brown, who raises Ms right hand 
above his head) — What is your name? 

Brown — Milton Brown! 

Clerk — "Where do you live? 

Brown — At 4536 Palm Street, this city. 

Spirit of Vulgarity {To crowd) — The chief wit- 
ness for the State ! A constable by calling — in sooth 
a minion of the law! 

Clerk {Very rapidly and in sing-song tone of 
voice) — Do you solemnly swear that the testimony 
you are about to give is the truth, the whole truth 
and nothing but the truth, so help you God ! 

Brown — I do! 



62 THE ARBITRATORS 

Spirit of Dignity — The oath doth bend itself to 
my affairs ! 

Ford {To Brown) — Take the witness chair. 
{Brown sits down easily and crosses his legs.) 
What is your occupation at the present time, Mr. 
Brown ? 

Brown — I'm a constable, and a deputy in the 
Sheriff's office. (Spirits of Fear of Poverty and 
of Ignorance step up on the witness stand and sta- 
tion, themselves one on each side of Brown.) 

Spirit of Fear of Poverty {To Brown) — Ford 
has influence among the politicians and the rich ! 
He is a good fellow, too. Do not forget he helped 
you to your job and by a word could send you 
packing. 

Spirit of Ignorance {To Brown) — Ford knows 

the law and all its intricacies — he is a learned man. 

{The Spirit of Learning pushes his head quickly 

from between the red plush curtains — and as 

quickly withdraws it.) 

Ford {To Brown) — Were you in the employ of 
the Sheriff's office on the morning of January twen- 
ty-second last? 

Brown — I was {hesitates) — let's see! yes, I was 
at that time. 

Spirit of Ambition {To Ford) — If he answers 
not to your liking, a word from you will cost him 
his snug berth — and he knows it. 

Judge {To Brown) — Address your replies to 
the Jury, Mr. Brown! 

Ford {To Brown) — Where were you on the 
morning of January twenty-second last? 

Spirit of Vulgarity {To crowd) — It is growing 



ACT II 63 

interesting at last — we will now hear something — 
listen ! 

Brown — I was at Mr. Kuhn's house — {pointing 
to Martin) — that man's. 

Ford — What were you doing, and what took 
place at Martin Kuhn's house on the morning of 
January twenty-second, this year? — just tell the 
Jury in your own way. 

Small (To Judge) — I wish to enter an objec- 
tion! 

Judge (To Small) — Overruled. (To Brown) 
You may answer, Mr. Brown. 

Brown — Well, you see, me and Jim Cox went 
out there to serve a writ. 

Small (To Judge) — I wish to move that the an- 
swer be stricken out 

Ford (Impatiently) — I will consent that the an- 
swer be stricken out. (To Brown.) Now, Mr. 
Brown, just tell why you went out to Martin 
Kuhn's house on that morning and what happened 
— never mind about Jim Cox just now. 

Brown — I went out there to serve a paper — a 
writ of replevin — on Martin Kuhns. 

Ford (To Brown) — Do you know James — 
"Jim"— Cox? 

Brown — Yes ! 

Ford — Who told you to go out to Kuhns' house 
to serve this writ you speak of? 

Brown — The Sheriff — that is, the clerk in the 
Sheriff's office. 

Ford — Did you serve it? 

Brown — Yes ! I served it on Martin Kuhns — 
and a copy on his wife. 



64 THE ARBITRATORS 

Ford — You said a moment ago that you knew 
"Jim" Cox ! Do you know if Jim Cox is, or was, 
also in the employ of the Sheriff's office on January 
twenty-second last? 

Brown — Yes, that was his first job. 

Ford — Was Mr. Cox with you on the morning 
you speak of? 

Brown — Yes ! 

Ford {Impressively) — Tell the Jury, Mr. 
Brown, what happened when you served the writ 
— what did Martin Kuhns, the defendant in this 
case, do and say? 

Spirit of Fear of Poverty (To Brown) — A most 
important question! You know well what answer 
is expected. Remember Ford's influence — think of 
your job. 

Brown — Kuhns was mad — he said he would not 
let us take the furniture. 

Spirit of Justice (Spirit of Justice moves un- 
easily in her seat; she rises, sighing heavily) — Truth 
should be here to aid — without Truth Justice comes 
but tardily. 

Ford (To Brown) — You say "Kuhns would not 
let 'us' take the furniture"; who do you mean by 
"us"? 

Small (To Judge) — I object, your Honor, both 
to the question and answer — nothing has been shown 
regarding any furniture. 
Judge — Objection sustained. 
A Newspaper Reporter (To Another News- 
paper Reporter) — That is not what he told me 
when I interviewed him just after the murder. 

Another Newspaper Reporter (To A Newspa- 
per Reporter) — His side-kicker, Cox, told me 



ACT II 65 

Kuhns seemed dazed — like a man in a trance — and 
did not get mad or show signs of fight until after 
Steel got there. We might make witnesses for the 
defense. 

A Newspaper Reporter (To Another News- 
paper Reporter) — Not for me! I don't want to 
mix up in this business. I might tell a lot, but I 
doiibt if it would be admissible and, besides, Ford 
has always treated me mighty decently. 

Another Newspaper Reporter (To A Newspa- 
per Reporter) — Me, too, but then if we knew 
anything that might be used by the defense in re- 
buttal, maybe 

Ford (To Brown) — Who did you see that 
morning at Kuhns' house beside Kuhns and his wife, 
if anybody. 

Brown — I saw their boy (pointing to Adolph) 
— that boy sitting there — and later Mr. Steel. 

Ford (To Brown)— Donald Steel? 

Brown — Yes ! 

Ford (To Brown) — What was the nature of 
the writ you served that morning on Martin Kuhns 
and his wife, if you know? 

Brown — A writ of Replevin under the foreclos- 
ure of a chattel mortgage on household furniture. 

Ford — You said, Mr. Brown, that Kuhns seemed 
mad. How did you come to that conclusion? 

Small — I object, your Honor! I object to the 
witness drawing conclusions. 

Spirit of Hate (To Jury and other Spirits) — 
Why all these objections? They are tiresome and 
delay proceedings. Let's hang the "Criminal" and 
be done with it. 

Judge (To Small) — The witness may, I think, 



66 THE ARBITRATORS 

state what the defendant did and said which led him 
to the conclusion regarding the defendant's state of 
mind. (To Brown.) Mr. Brown, you may tell 
what the defendant did or said that caused you to 
conclude that he was mad — angry. 

Brown — Please repeat the question. 

Judge {To Court Reporter) — Mr. Reporter, 
read the question. 

Court Reporter (Reading) — You said, Mr. 
Brown, that Kuhns seemed mad. How did you 
come to that conclusion? 

Brown — From the way he looked and what he 
said. 

Small (To Court and Witness, appealingly) 
— I still object, your Honor ! He has not answered 
the question in the manner you said he might an- 
swer it. 

Ford (To Judge and Small) — If you will be 
patient, Mr. Small, I will see that the question is 
answered specifically in a few moments, if your 
Honor will permit the witness to proceed. 

Judge (To Brown) — Make your answers pre- 
cise, Mr. Brown. (To Ford.) You may proceed. 

Ford (To Brown) — Was Jim Cox with you at 
the time you served the papers — the writ ? 

Brown — Yes, he was right there all the time. 

Ford (To Brown) — Was anybody else there? 

Brown — Mrs. Kuhns was there most of the time 
and Steel came after we had been there a little 
while. 

Ford (To Brown) — What time in the morn- 
ing was it? 

Brown — About eight-thirty. 



ACT II 67 

Ford (To Brown) — Then what happened after 
Mr. Steel got there? 

Spirit of Fear of Poverty (To Brown) — An- 
other important question ! The reporter is writing 
it all down — be cautious ! — See how closely Ford re- 
gards you! 

Small (To Judge) — I object, your Honor! — No 
proper foundation laid. 

Spirit of Revenge (To Jury) — It is evident the 
defense is striving to keep out the salient facts. The 
District Attorney knows. An eye for an eye, a 
tooth 

Judge — Objection overruled. 

Ford (To Brown) — You may answer the ques- 
tion, Mr. Brown. 

Brown — Kuhns and Mr. Steel had an argument 
about us taking the furniture. 

Ford (To Brown) — Yes ! Then what happened 
— what did Mr. Steel do? 

Brown — He didn't do anything — he told us to 
take the furniture. 

Ford (To Brown) — And did you do it? 

Brown — Well, we started to, but Kuhns hol- 
lered to us and told us not to touch it. 

Ford (To Brown) — What happened then? 

Brown — Steel had gone out on the porch and 
Kuhns followed him out there and they were talk- 
ing pretty mad and Kuhns said — "If you take this 
stuff I will fix you," or something like that. 

Small (To Judge) — I object, your Honor! 

Spirit of Dignity (To Judge) — Such trivial ob- 
jections but take up your Honor's time! 

Judge (To Small) — He has answered the ques- 



68 THE ARBITRATORS 

tion. It may stand. (To Brown.) Let me cau- 
tion you, Mr. Brown, to be as precise as possible. 

Brown — I 

Ford {Interrupting) — Just a minute, Mr. 
Brown. Now you say that Martin Kuhns followed 
Mr. Steel out on the porch and you heard Kuhns 
say to Steel: "If you take this stuff I will fix you." 
What did you understand Kuhns to mean by that? 

Small (Excitedly) — Just a minute, Mr. Brown. 
(To the Judge.) I wish to interpose an objection, 
your Honor! on the ground that the question calls 
for the conclusion of the witness. 

Ford (To Small) — He has a right to his opin- 
ions. 

Small (Sarcastically) — He has not qualified as a 
mind reader, and I object. 

Judge — Objection sustained. 

Ford — You said a moment ago, Mr. Brown, that 
Mr. Steel and Kuhns were talking as if they were 
mad — angry. Did you hear what Mr. Steel said? 

Brown — No ! except when he told us to move the 
furniture. He did not talk mad nor loud like 
Kuhns. 

Ford — But you did hear what Kuhns said? 

Small (Jumping to his feet excitedly) — I object! 
He is trying to lead the witness as though he had 
been coached! 

Ford (Forcefully) — I take exception to counsel's 
remarks and ask that they be stricken from the rec- 
ord. It is uncalled for and unethical on part of 
counsel, tending to disparage my motives in the 
opinion of the Jury. 

Small (Excitedly) — I 



ACT II 69 

Judge {Severely) — Gentlemen! I will have none 
of this. (To Court Reporter.) You may strike 
Mr. Small's remarks from the record. (To Jury.) 
The Jury will disregard it and I trust it will not 
be necessary for me to reprimand counsel. (To 
Brown.) Mr. Brown, could you hear what Mr. 
Steel said? 

Brown — Not distinctly — but I did hear Kuhns — 
he spoke loud and in an angry tone. 

Ford (To Brown) — Did Kuhns threaten Mr. 
Steel in any way that you heard ? 

Brown — Yes ! he said he would fix him if he took 
the stuff. 

Spirit of Vulgarity (To crowd) — Notice the sor- 
rowing wife! How eagerly she bends her head to 
catch the words that may spell life or death ! And 
see the "Criminal," too — he mops his brow and 
shakes his head in negative. Can that be acting? 
The plot grows tense! There is need of acting 
now! 

Ford (To Brown) — Then what happened? 

Brown (Leans well forward the better to be 
heard) — I heard Kuhns say: "Take that, damn 
you!" and then Kuhns hit him. 

Spirit of Ambition (To Ford) — You coached 
your witness well — he denies you not. 

Spirit of Fear of Poverty (To Brown) — Re- 
member now the talks you had with Ford — the case 
of the State hangs upon your words. 

Ford (To Brown)— What with? 

Brown — I could not see from where I stood, but 
I saw Kuhns swing his arm back and then sud- 
denly Steel cried out and threw up his hands — and 



70 THE ARBITRATORS 

sank down in a heap. I ran to help him, but before 
I got to him he fell backwards and slid down the 
steps. 

Ford (To Brown)— You say Mr. Steel "slid 
down the steps"? 

Brown — Yes ! 

Ford (To Brown) — Was Steel unconscious? 

Small — He did not speak — his eyes were wide 
open — I think he was dead when I got to him. 

Small (To Judge) — I object! The witness is 
attempting to draw a conclusion. It is mere specu- 
lation — his answer. 

Spirit of Ambition (To Ford) — 'Tis well ! The 
Jury already have the answer firmly planted within 
their muddled brains. 

Spirit of Revenge (To Jury) — His opinion is as 
good as any man's. He has probably seen dead men 
before — men in his business often see the dead. 

Judge (To Brown) — Did you try to feel his 
heart, or do anything that would cause you to be- 
lieve beyond a reasonable doubt that Mr. Steel was 
dead before you reached him? 

Brown — I ran down the steps where Steel had 
fallen — he was lying on his face, so I rolled him 
over and put my hand over his heart — it did not 
beat — I think he was dead. 

Ford (To Brown) — What did you do then? 

Brown — I called Jim Cox to help me — Steel was 
a heavy man — and then I sent Cox for a doctor. 

Ford (To Brown) — Why did you send Cox for 
a doctor? 

Brown — I thought Steel was dead — but I wanted 
to be certain. 

Ford (To Brown) — Then what did you do? 



ACT II 71 

Brown {With air of importance) — I arrested 
Kuhns. 

{During the preceding action the jurors are, each 

one, from time to time consulting their watches 

while the various Spirits are moving about 

among them whispering to each other, and now 

and then stooping down to whisper to the 

jurors. ) 

Retired Merchant Juror {Rising from his seat: 

to the Judge) — Your Honor, may I be excused 

for a few minutes ? 

Judge — We will take a recess for twenty min- 
utes. 

Spirit of Dignity {To Judge) — An opportunity 
here for an admonition which should not be over- 
looked ! 

Judge {To Jury) — Gentlemen of the Jury, let 
me caution you not to converse with each other or 
with anybody of or concerning the matter before 
you, nor to read any newspaper, nor' do anything 
which would tend in any way directly or indirectly 
to influence you in the case now at trial, nor to form 
nor express an opinion until the case is finally sub- 
mitted to you. 

( The Jury file out accompanied by a Bailiff. The 
Judge descends from the bench and retires 
through door "Chambers!' The crowd begin 
to converse with each other, the Newspaper 
Photographer takes another flashlight of the 
"Criminal." Martin rises and takes a seat 
next to Ann and converses with her. The 
District Attorney moves about chatting with 
the Court Attaches. Small reads from a law 
book. Newspaper Reporters write busily. A 



72 THE ARBITRATORS 

man from the crowd passes through gate and 
goes up to Ford and engages him in earnest 
whispered conversation, having first drawn 
Ford to one side out of earshot of others in 
front of railing.) 
Spirit of Vulgarity {Calling attention to man 
talking with Ford: to crowd) — Ah! Ha! A 
detective for the State reports to his chief! He 
moves with stealth and travels in darkness. His 
business in life is peeping through keyholes and lis- 
tening at cracks. 

{The detective withdraws hurrying from the room 
through "official" entrance. A man from the 
crowd dressed in conventional clerical garb 
"buttonholes" Ford, drawing him to one side, 
and converses with him earnestly in under- 
tones. ) 
Spirit of Vulgarity {Continuing) — And now the 
Church supports the State — the Church may ever 
be depended upon to do its full duty in upholding 
"law and order" because, perhaps, the man may be 
one of those "whom Christ came down to save." 
{The crowd begin to stir about and rise from their 
seats.) Patience, my worthy friends! The best 
is yet to come. Maybe the wife and boy will testify 
and, perhaps, the "Criminal" himself will take the 
stand — but best of all will be the arguments. They 
say that Joel Ford will make the finest effort of his 
life. Election is at hand. He has high aspirations. 
Don't move too far or you will lose your seats — 
they will be in rare demand to-day. 

Spirit of Justice {Rising painfully and groping 
her way to the Judge's Bench she ascends the steps 
falteringly. Dignity withdraws behind the red 



ACT II 73 

plush curtains. Learning steps out from between 
the red plush curtains and stands listening.) — 
I was invited here but found my place by alien 
forces occupied. The seats laid bare but for a mo- 
ment give time for pause. Murky seems the place 
with odors stale, and foul the air I breathe beneath 
the emblem of the Just. Like all the rest, I merely 
pose but for a space, unreal and shadowy, when I 
descend and others take my place. I can but lurk 
among the crowd, most heavy hearted, to witness 
this — my travesty. (Curtain descends on end of 
Scene I, Act II.) 

CURTAIN 



SCENE II 

But a few moments pass between Scenes I and II. 
Stage the same as in Scene I. It is the follow- 
ing afternoon. In the interval between Scenes 
I and II the case has been tried and arguments 
on both sides heard. Witnesses testified as 
promised in the opening address by Ford, and 
contra-witnesses testified for the defense as 
promised by Small. The Judge has read his 
instructions on the law to the Jury. The audi- 
ence seem relaxed and are beginning to move 
uneasily as though preparing to leave the Court 
Room. Both Ford and Small are seated at 
the Attorneys' table. Martin is seated be- 
tween Ann and Adolph and Mrs. Ever- 
hart in a seat next to Ann — all four engaged 
in whispered conversation. The Spirit of 
Justice is seated near Martin; all other 
Spirits excepting Learning, who is not present 
in the Court Room, and Vulgarity, who 
capers about among the crowd, are arranged 
behind the Jurors. The Spirit of Dignity, 
however, does not take his place among the 
other Spirits until after the conclusion of his 
opening speech. 

Spirit of Dignity {To Judge) — Well done! 
Enough high sounding, empty phrases to satisfy 
the most exacting master. 
74 



ACT II 75 

Judge (To Jury) — Gentlemen of the Jury! The 
Bailiff will now conduct you to the jury-room for 
your deliberations and will hand you several forms 
of verdict, one of which you will sign by your fore- 
man if you can agree. (To Bailiff.) Mr. Bailiff, 
conduct the Jury to the jury-room. ( The Jury file 
out behind the Bailiff, all the Spirits excepting 
Learning and Vulgarity following and walk' 
ing with the Jury. All pass through door right 
forward. Justice lingers.) 

Spirit of Justice (Watching Jury) — So, with 
those twelve men rests the fate of a human soul. 
They would usurp my province — I must hasten. 
(Withdraws behind red plush curtains.) 

Spirit of Vulgarity (To crowd) — And now we 
wait the verdict — in the meantime we may specu- 
late. Come! What are the odds? (The Judge 
rises and retires to his chambers.) We have heard 
the evidence as well as has the Jury — some of us no 
doubt more accurately, and we may weigh it, too. 
We have observed the several actors in their sev- 
eral parts. One set of witnesses declares 'twas a 
premeditated crime — another that it was no crime 
at all — each set confutes the other quite ; the experts 
disagree, the jury seemed quite bored. An dble ar- 
raignment made by Counsel for the State — the de- 
fense was rather lame. Come ! What are the odds ? 
Here is a chance to speculate with human life at 
stake ! 

Bailiff (To Martin) — Come with me now! 
They may be out for hours — there is no use wait- 
ing here. You will be brought back when the Jury 
have agreed or, at least, when they report. 

Ann (To Martin) — It will be all right — I am 



76 THE ARBITRATORS 

sure. I don't see how it could be otherwise — they 
cannot find you guilty, who never meant to do a 
wrong. (Martin embraces Adolph and Ann.) 
I will be waiting here. 

Mrs. Everhart (To Martin) — I will stop with 
her (indicating Ann). 

Martin (To group) — It won't be long. (Goes 
out door right forward with Bailiff.) Small 
joins Ann, Adolph and Mrs. Everhart and to- 
gether they slowly go out main entrance conversing 
meanwhile.) 

Spirit of Ambition (Who has re-entered from be- 
hind purple curtains and joined Ford: to Ford)— ■ 
You have served me well to-day. 

Spirit of Vulgarity (To crowd) — See! the anx- 
ious wife departs together with the boy and their 
young counselor. 

Newspaper Photographer ( Taking another flash- 
light of Ann and group) — I must get a good one 
of the "Criminal," wife and boy when the verdict 
is delivered. 

Spirit of Justice (Steps from between red plush 
curtains on to Judge's Bench) — The puppets come 
and go — 'tis my duty to remain until the very last. 
In the jury-room twelve so-called honest men and 
true will weigh, I fain would hope, the merits of 
the case. I may be of service there. (Curtains de- 
scends on end of Scene II, Act II.) 

curtain 



ACT III 

SCENE I 

A Jury-room. The room is large and with high 
ceiling; the walls green and hung with pictures 
similar in character to those in Court Room. 
One window rear looks out on roofs of ad- 
joining buildings — a dismal prospect. One 
window right also looks out on roofs and this 
window has the sun shining into it and flood- 
ing the floor near it. Beneath this window is 
a low wooden seat. A long, mahogany table 
stands in the center, around which are drawn 
twelve mahogany chairs. On this table are 
various writing materials — paper pads, ink 
stands, pens, pencils, etc. On the floor are sev- 
eral waste-paper baskets and several cuspidors. 
Also on the table is a small mahogany box with 
a slit cut in the lid — fastened to a handle — 
the ballot box. One door only leads off left. 
Near the front is a somewhat smaller mahog- 
any table with twelve chairs grouped about it — ■ 
this table is bare. As curtain ascends the 
Spirit of Justice is discovered seated at one 
end of large table bent in meditation. 

Spirit of Justice — I seem to have preceded here; 
perhaps there was no cause for haste. It is good to 
be alone! 

77 



78 THE ARBITRATORS 

(Door left opens and Bailiff enters and steps to 
one side permitting the Jury to file in after 
him. The Spirit of Justice rises and stands 
aside. Together with the Jury enter the 
Spirits of Wealth, Fear of Poverty, Ig- 
norance, Precedent, Humility, Greed, 
Hate, Revenge and Pride, and immediately 
find seats around the smaller table. Several of 
the Jurors take off their coats and hang them 
over the backs of chairs, light cigars, cigarettes, 
etc. After a pause there enter the Spirits of 
Avarice, Ambition, Dignity and, last of all, 
Learning. The Spirit of Justice critically 
surveys the Jurors, then the Spirits.) 
(Justice continues) — My meditations are in- 
terrupted once again — hubbub doth distract me 
quite. 

Banker Juror (To other Jurors) — It is good to 
be allowed to smoke again. (Blows large puff of 
smoke from his cigar toward the ceiling.) Well, 
gentlemen, this unfortunate business is nearly at an 
end. Let's get down to it. I suppose we must first 
elect a foreman ! 

Merchant Juror — I am anxious to be done with 
the whole thing. I move we elect Banker fore- 
man! 

Grocer Juror — I second that motion. 
Broker Juror — Let's vote! All in favor of 
Banker for foreman signify by saying aye! 
Eleven Jurors — Aye ! 
Banker Juror — I thank you, gentlemen. 
Broker Juror — The ayes have it — it is unani- 
mous. 

Banker Juror — Shall we discuss this matter, or 



ACT III 79 

shall we take a ballot at once in order to see how- 
near we are together to start with? 

Broker Juror — Let's take a ballot! 

Banker Juror — Mr. Broker, I will appoint you 
Secretary of the Jury. {To Jurors.) Gentlemen, 
will you vote and Mr. Broker will collect your 
ballots! (Spirit of Learning passes quietly 
among the Jurors and Spirits, then shaking his head 
negatively slips quietly out of the door, closing it 
behind him.) 

Spirit of Justice {Standing to one side slips band- 
age up from eyes and carefully re-surveys each one, 
both Jurors and Spirits) — These false lights blind 
my sight, though well enough I see {indicating 
Spirits) I am one too many here. {Slips bandage 
back over her eyes and gropes her way to the win- 
dow right where she sits down on bench with the 
sunlight streaming in upon her.) 

Carpenter Juror — Before I vote I want to know 
if you are voting on first degree, second degree or 
only manslaughter. 

Banker Juror {To Carpenter) — First degree — 
that is what the District Attorney urged upon us. 
We will see how near we are together on that first, 
anyhow. (Broker Juror tears up a number of 
bits of paper and passes a slip to each juror, wha 
writes upon it and places it in ballot box which Bro- 
ker passes among them.) 

Spirit of Revenge — An eye for an eye, a tooth 
for a tooth! 

Spirit of Hate — Murderers must be punished! 
Let's hang him at once! 

Spirit of Precedent — Since time immemorial mur- 
ders have been avenged by death! 



8o i THE ARBITRATORS 

Spirit of Humility — We must heed well what 
the Judge said — he seemed to lean toward hanging 
— how austere he was ! 

Spirit of Fear of Poverty — Steel was rich — the 
Banker evidently wants to hang. 

Spirit of Ignorance — The law as applied to this 
case demands a verdict of guilty. 

Spirit of Justice (Rises and gropes her way un- 
certainly about the room) — All exits are concealed 
and I would out ! Some heavy mantle descends upon 
my shoulders and weighs me down as though I wore 
the very Judge's robes. (During the foregoing dia- 
logue the Jurors are conversing in low tones, occa- 
sionally laughing, bantering each other and — inci- 
dentally balloting. From time to time each Juror 
consults his watch anxiously.) 

Banker Juror — Well, gentlemen, we still seem 
to be divided six to six on a vote for murder in the 
first degree. We will never get through at this 
rate. What do you say that we try for a compro- 
mise verdict on murder in the second degree? I 
am for hanging and I don't care who knows it, but 
we seem unable to agree on that. Mr. Broker, take 
a ballot on the second degree proposition. (Broker 
tears up more paper and passes it around, etc.) 

Spirit of Greed — I wish we could get out of this. 
My interests have suffered long enough through 
this miserable affair. I have other fish to fry. 

Spirit of Revenge — I will stay till doomsday but 
that I see the State avenged. An eye for an eye, a 
tooth for a tooth ! 

Spirit of Dignity — I lend the Judge's authority 
to these proceedings. 

Spirit of Ambition — Steel was rich and leaves 



ACT III 81 

many friends among the rich and influential. Our 
decision will be read of men. Kuhns is but a la- 
borer. 

Spirit of Wealth — Kuhns cannot even pay his 
debts; why waste time or thought on him? Now, 
had he been rich or influential — but then we do not 
hang the rich. 

Spirit of Precedent — There is no precedent for 
that — such a course is utterly unheard of. 

Banker Juror — Well, that is better! We lack 
but two for a verdict of second degree — and they 
but ask for leniency. I venture my friend the Car- 
penter is one of those. 

Carpenter Juror — You are right ! The man was 
poor — they would have taken his all. I was for ac- 
quittal altogether until you persuaded me. 

Banker Juror — Pooh! Pooh! my friend, the 
murdered man was but exacting his rights. I think 
Steel was most lenient. A man must pay his debts. 

Spirit of Hate — Think of what the constables 
said under oath. To be sure the second fellow, 
Cox, did get somewhat mixed when pressed, but 
he is something of a fool and rather soft. Senti- 
ment can't play with Justice! 

Spirit of Justice (Rises to her full height and, 
stepping over to the table where Spirits are seated^ 
looks down upon them) — Dost take my name in 
vain! And who, pray tell me, has the bold ef- 
frontery to fix the rule by which I am dispensed, or 
dispensed with should I rather say? Aye! that is 
quite another matter. In fact and truth — that truth 
which is so niggardly — does mortal mind pretend to 
regulate the scales of Justice? I am one who best 
can answer! Justice when unconflned weighs not 



82 : THE ARBITRATORS 

so much the outward signs and evidence as those 
most subtle, unseen influences which are the basis 
of men's acts, I 

Spirit of Revenge {Interrupting) — Who called 
you here? You! an alien in this place! We want 
no preaching here! Didst not observe the Hon- 
orable Court with all the trappings set and all the 
functionaries attended well by those most fit to give 
their act direction? Out! Out among the sav- 
ages, if indeed with blinded sight and withered, lag- 
gard limbs thou still canst grope thy way — this is a 
most respectable proceeding! 

Various Spi?its — Yes! Yes! Out with you! 
Away! 

Spirit of Dignity — Out of our sight and sense! 
We will brook no interference ! We can permit no 
limp and half-blind wandering mountebank to stay 
our august measures. (Spirit of Justice, com- 
pletely crushed, limps back to seat by window. The 
sun goes under a cloud and all is dull.) 

Broker Juror — Let us hope this will settle it. 
{Collects ballot.) It is already late {looks at 
watch) and we don't want to spend another night 
at this. {Hands ballot box to Banker Juror.) 

Spirit of Dignity — Gentlemen, it is time we set- 
tled this matter. I will call the roll. {Calls to 
each Spirit in turn.) Revenge? 

Spirit of Revenge — An eye for an eye, a tooth 
for a tooth! Guilty! 

Spirit of Dignity — Wealth? 

Spirit of Wealth — I vote with my class — Guilty ! 

Spirit of Dignity — Ignorance? 

Spirit of Ignorance — I vote according to the law 
—Guilty! 



ACT III 83 

Grocer Juror — (To fellow jurors) — That re- 
minds me of the story of the little boy and his 
Sunday-school teacher! This little boy 

Spirit of Dignity — Avarice? 

Spirit of Avarice — Because it pays to do one's 
duty — Guilty ! 

Spirit of Dignity — Humility? 

Spirit of Humility — The Judge is a learned and 
an honorable man — Guilty! 

Spirit of Dignity — Precedent ? 

Spirit of Precedent — Because men have always 
been punished — Guilty! 

Plumber Juror — That's pretty good — (immod- 
erate laughter is heard from jurors' table at the con- 
clusion, evidently , of the grocer s yarn.) 

Spirit of Dignity — Ambition? 

Spirit of Ambition — To gain my ends — Guilty! 

Spirit of Dignity — Greed? 

Spirit of Greed — My sympathies lie all with 
Steel, the rich man — Guilty! 

Spirit of Dignity — Pride? 

Spirit of Pride — I am a respected citizen; to 
maintain society — Guilty ! 

Spirit of Dignity — Hate? 

Spirit of Hate — It is my habit and in my blood 
— Guilty! — as usual. (Spirit of Hate rubs her 
hands.) 

Spirit of Dignity — Spirit of the Fear of Poverty, 
what say you? 

Spirit of Fear of Poverty — I vote Guilty! be- 
cause the man is poor. 

Spirit of Dignity — Gentlemen, I vote with the 
balance of you to uphold the majesty and honor of 
the law. It is unanimous. 



84 THE ARBITRATORS 

Spirit of Fear of Poverty — The laws are made 
by the rich for the rich. 

Banker Juror {Counting ballots) — That is well! 
Gentlemen, I congratulate you — we are agreed at 
last. Twelve good men and true find for murder 
in the second degree. Our irksome task will soon 
be done. (To Broker.) Mr. Broker, hand me 
the slip prepared for murder in the second degree. 

Broker Juror (Handing slip to Banker) — Here 
it is — and here is pen and ink. (Pushes inkwell 
over in front of Banker.) 

Banker Juror (Reading slip aloud) — "The State 
versus Martin Kuhns, Defendant: We, the jury 
in the above entitled cause, find defendant, Martin 
Kuhns, guilty as charged of murder in the second 
degree." That is short and sweet! Is it your ver- 
dict, gentlemen? 

Eleven Jurors — It is ! 

Banker Juror — Then I will sign it! (Signs with 
flourish.) We may now send for the Bailiff. (To 
Broker.) You push the button. (Broker Juror 
pushes electric push by door.) 

Spirit of Revenge — Gentlemen, you have done 
your duty — the State will be avenged. 
( The Spirit of Justice has moved unnoticed de- 
jectedly over by the door. As Spirit of Re- 
venge finishes speaking the Bailiff enters 
and the Spirit of Justice slips out.) 

Bailiff — Are you ready, gentlemen? 

Banker Juror — We have arrived at a verdict and 
are ready to report. 

Bailiff — I will at once notify the Judge and re- 
turn for you in a few minutes. (Bailiff with" 
draws locking the door after him.) 



ACT III 85 

Grocer Juror — I will be glad to get back to my 
business. The Lord knows how much my clerks 
have stolen from me since I have been cooped up 
here! 

Butcher Juror — The price of meat is going up 
all the time and I will be glad to get on the job 
again — I will bet this neglect will have cost me a 
pretty penny. 

Prosperous Merchant Juror — I take stock at my 
store at this season of the year and I expect every- 
thing has been at a standstill since I left. 

Carpenter Juror — Jurors' fees are just about half 
my wages, besides I will be glad to get back to my 
old woman. 

Farmer Juror — I have been worried about my 
stock — there is a rumor of hog cholera in my neigh- 
borhood. 

Schoolmaster Juror — I rather enjoyed the Attor- 
ney's arguments and the Judge's instructions, but 
now that that is all over, I will be only too glad to 
get back to my studies. 

Plumber Juror — I never had no use for a thief or 
a murderer — I was for hanging from the first, but 
I am satisfied with second degree as long as that 
is the best we could do. 

Retired Businessman Juror — The strain of an af- 
fair like this is too much for one of my years — I 
cannot stand the confinement. 

Clerk Juror — I wonder if I will be docked for 
the days I spent here! 

Barber Juror — I get paid by the piece and I will 
be glad to get out for Saturday's and Sunday's trade 
— they are always good — then me and the wife will 
go to the beach Sunday afternoon. 



86 THE ARBITRATORS 

Broker Juror — Mine is a busy life — hustling all 
the time — can't spare a minute off. I think Bankers 
and Brokers should be exempt from jury duty. 

Banker Juror — I have positively been pining for 
some decent food — the stuff the County fed us was 
atrocious. 

Bailiff {Entering) — All ready, gentlemen! Step 
this way! 

Spirit of Dignity — A solemn mein is now pre- 
scribed — and measured step. 

( The Jury file out followed by the Spirits. Through 
the open door is seen the Spirit of Justice 
with shoulders and head drooping — one hand 
across her eyes, the other outstretched and 
groping.) 
The curtain here descends on end of Scene I, Act 
III. 

CURTAIN 



SCENE II 

Same as Scene I, Act II. All persons in same places 
except Jurors and Spirits. The Spirit of Dig- 
nity, however, is on the Judge's Bench. The 
Jury preceded by Bailiff file in through door 
right forward, pass down the aisle slowly and 
solemnly and take their former seats. As soon 
as the jurors are seated the various Spirits ap- 
pear from behind the purple curtains and take 
their places behind the jurors. 

Spirit of Vulgarity (To crowd) — It did not take 
them long. Had it been a Bank Directors' meeting 
concerning some paltry loan or discount, it would 
have proven a far more arduous task, methinks. 
Note their countenances! How solemn they ap- 
pear ! One would think it was their precious necks 
and not the "Criminal's" there in jeopardy. 

Spirit of Dignity (To Judge) — Last scene of 
all! and that most worthy of the cloth in which I 
have begowned you. 

Spirit of Ambition (To Ford) — It is your fate 
which we shall hear. 

Spirit of Avarice (To Small) — It is success or 
failure which awaits you. 

A Newspaper Reporter (To Another News- 
paper Reporter) — I will have to hurry to get my 
copy in. 

87 



88 THE ARBITRATORS 

Another Newspaper Reporter — Mine went to our 
paper by relays — we'll have a "scoop." 

Judge — Gentlemen, have you agreed upon a ver- 
dict? 

Banker Juror — We have, your Honor! 

Judge — Hand it to me, if you please, Mr. 
Banker! (Banker Juror steps up to Judge's 
Bench and hands him the written verdict. The 
Judge reads it to himself and then hands it back to 
the Banker Juror.) 

Spirit of Vulgarity — Now crane your necks — 
the denouement comes — miss not a syllable! How 
tense the air — and how strained the "Criminal" ; the 
wife leans forward in her seat and holds her breath. 
See the Cleric there — the one who feeds upon do- 
nations, so active in support of State that one won- 
ders did he pray to God the sinner might be hung. 
The runners of the Court — callous though they be 
to scenes like these — upon their tip-toes stand. 
This is the final sauce to morbid gluttony. The 
Judge alone and Jurors remain calm. 

Judge — Mr. Foreman, you may read the ver- 
dict! 

Banker Juror {Stands, clears his throat, then 
reads) — "The State versus Martin Kuhns, Defend- 
ant: We, the jury in the above entitled cause, find 
defendant, Martin Kuhns, guilty as charged of 
murder in the second degree." (Banker Juror 
looks at the Judge as if for further instructions, 
the Judge nods, the Banker Juror takes his for- 
mer seat.) 

Ann {Clutches wildly at Martin) — It cannot 
be! There must be some mistake — it cannot be! 

Small {Joins Ann and Group) — There! it is 



ACT III , 89 

only second degree — that's not so bad. We will 
appeal anyhow — the record is full of errors. ( Turn- 
ing to Martin and laying hand on his shoulder.) 
Better luck next time! 

Martin (Dazed) — Next time! — Next time? I 
don't know — I didn't mean to kill him! God 
knows, I didn't. I told the Jury — and the Judge 
(in despair) — they didn't believe me! (Martin 
puts one arm around Ann and the other around 
Adolph. To Ann and Adolph with effort.) 
Never mind! perhaps it is not so bad — Mr. Small 
said it was not so bad. You go now — I will be 
all right ! Mrs. Everhart will go with you. I will 
see what can be done. (To Mrs. Everhart.) 
You look after them — I can't do it — now. 

Mrs. Everhart ( To Ann and Adolph, who are 
both weeping) — There! There! dears, it will be 
all right; I will look after you till we can make 
some other plans — come with me. 

Judge — Is that your verdict, gentlemen ? 

Twelve Jurors — It is. 

Judge (To Ford) — Do you waive polling the 
Jury, Mr. Ford? 

Ford — The State waives. 

Small (Turns and advances to the Judge) — De- 
fense waives, your Honor! 

Judge — Very well! I will pass sentence on the 
prisoner at ten o'clock on the morning of April 
twenty-third, at. which time I will hear any mo- 
tions you may have to make to the Court. (Turn- 
ing to Jury.) Gentlemen, before dismissing you I 
desire to thank you for the patience and courtesy 
you have displayed throughout the trial of this case 
and in the performance of your duties. You are 



90 THE ARBITRATORS 

now dismissed from further jury duty. ( The Jury 
step out of jury box and congratulate and shake 
hands with Ford, who comes forward to meet them. 
The Bailiff leads Martin out door right for- 
ward, Ann, Adolph and Mrs. Everhart going 
with him as far as the door.) 

Bailiff (To Ann and group) — You will have to 
leave him here. You can see him later at the jail. 
(As Martin and Bailiff go out, Ann, with her 
arm around Adolph's shoulder, remains beside 
door weeping silently — greatly shaken. The 
Spirit of Fear of Poverty steps up to Ann 
and Adolph and stretching out her arms draws 
them both to her breast, enfolding them at the 
same time in her robes.) 
Spirit of Fear of Poverty (To Ann and 
Adolph) — Come under these sheltering robes — I 
will pledge myself to guard and keep you company. 
(Fear of Poverty, Ann and Adolph folded in 
her robes as though under some huge wings, 
Mrs. Everhart following, exits main en- 
trance. ) 
Spirit of Vulgarity — The parting of the ways — 
exit the wife and boy and goodly company. 

Spirit of Dignity (To Judge) — To "Chambers" 
we may go where I may gain respite from vigilance 
and you may breathe again — a human being. 

Spirit of Vulgarity (Reporters intercept Jurors 
as they are leaving the room) — The show is out — 
the newsmongers and scandal-gatherers hasten to 
the ever-grinding press — It's been a rattling day! 
(The Court Attaches gradually, by ones and 
twos, withdraw, chatting and laughing as they 
go. The Judge steps off Bench and retires 



ACT III 91 

to his "Chambers" slamming the door in the 
face of Dignity.) 
Spirit of Dignity — How quickly cast aside when 
stern duty calls a day a day! (Joins other Spirits 
in space around Attorneys' table.) 
(Ambition, arm in arm with Ford, passes out 
door, "Clerk" chatting gaily with him as they 
go. Avarice, arm in arm with Small, 
passes out the main entrance.) 
Spirit of Avarice (To Small at door) — Better 
luck next time! (Other Spirits pass out main en- 
trance with crowd — Vulgarity last of all, paus- 
ing in doorway to speak.) 

Spirit of Vulgarity — This day is spent — my 
Court (pointing to retreating crowd) precedes me 
to another scene. Whether Church, or home on 
field, I will join them there. 

(The Spirit of Justice rises painfully from seat 
beside Attorneys' table and slowly ascends to 
the witness box. Standing, she pauses a mo- 
ment and surveys the scene, pushing the band- 
age off her eyes with the left hand she raises 
her right arm and finally stretches both arms 
out over the now vacant Court Room and 
seats vacated by the crowd.) 
Spirit of Justice — Ah! but I am halt to-day! 
Worn and tired from my endless search for Truth, 
who aids me not. Since that time now centuries 
a-gone, when none but savages did rule the earth, 
have I been a wanderer. Ever crowded closer and 
closer by encroaching civilization, — from frontier 
to frontier have I hurried till the outposts have 
receded from my view. Meanwhile, Ambition, 
Hate, Revenge and Dignity have seared my soul, 



92 THE ARBITRATORS 

while Pride and Avarice have chilled my heart. 
Uneven hang my balance scales; my blinded sight 
doth lead my feet astray; leaden shod and lagging, 
halt and most uncertain, by routes circuitous I 
journey far but for a place to rest. It all availeth 
nothing — and so it will remain until Truth and 
Courage are listed in my cause. Till then a limping, 
blinded, wandering vagabond I must remain. 



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